Supreme Court of India
Nagji Odhavji Kumbhar & Anr. v. State of Gujarat
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From the headnote
Penal Code, 1860: ss. 302 and 324 r/w s. 34 – Prosecution under – Death of two persons and injuries to two – Injuries also received by the accused – Cross-case by the accused – Conviction by courts below – In appeal, plea taken that the accused acted in private defence and at the spur of the moment without pre-meditation – Held: The re is no evidence that the deceased were armed with any weapon – In vi ew of the evidence of injured witnesses that the accus ed were armed with spears and other weapons and since the decease d were not armed, right of private defence is not available to the
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