Indian Penal Code, 1860, Section 96, 106 -- Right of self defence - In the guise of self defence, accused cannot assault the original aggressor even after the cause of reasonable apprehension has disappeared - In those cases plea of self defence can legitimately be negatived - A right to defend does not include a right to launch an offensive, particularly when the need to..........
Indian Penal Code, 1860, Section 96 -- Private defence - Right of - Extent of right - Right to defend does not include a right to launch an offensive, particularly when the need to defend no longer survived - In the guise of self preservation original aggressor cannot be assaulted after the cause of reasonable apprehension has disappeared - Held, that accused has exceeded..........
Indian Penal Code, 1860, Section 96 -- Private defence - Right of - If the fact situation shows that in the guise of self-preservation, what really has been done is to assault the original aggressor, even after the cause of reasonable apprehension has disappeared, the plea of right of private defence can legitimately be negatived...........
Indian Penal Code, 1860, Section 96, 100 -- Private defence - Aggressor - Question as to who was the aggressor cannot be determined on the basis of number of injuries suffered on side of complainant or accused - Question is to be determined on the basis of evidence adduced on behalf of the parties and relevant circumstances have to be taken into consideration - Real onus..........
Indian Penal Code, 1860, Section 96, 97, 100 -- Private defence - Principles : (1) Number of injuries is not always a safe criterion for determining who the aggressor was; (2) Right commences, as soon as a reasonable apprehension of danger to body arises from an attempt, on threat, to commit the offence although the offence may not have been committed but not until there..........
Indian Penal Code, 1860, Section 96, 105 -- Right of private defence - Number of injuries is not always a safe criterion for determining who the aggressor was - Injuries on the person of accused do not necessarily leads to presumption that accused caused injuries in exercise of right of private defence - Non explanation of injuries on the person of accused does not affect..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102 -- Private defence - Injuries - Not a safe criterion for determining who the aggressor was - Injuries on the person of accused does not lead to a presumption that accused had caused injuries in exercise of his right of private defence - It has to be proved that injuries so caused probabilities the version of..........
Indian Penal Code, 1860, Section 307, 323, 341, 148, 149 -- Conviction - FIR recorded on basis of parchabyan - Original reported lodged by one 'Mohan' withheld and 'parcha bayan' prepared subsequently - True version not coming before Court - Both injured history sheeter - Place of recording parcha bayan also doubtful - Circumstances revealing that either injured person did..........
Indian Penal Code, 1860, Section 96 -- Private defence - Number of injuries is not always a safe criterion for determining who the aggressor was - Injuries on the body of accused does not always lead to a presumption that accused persons had caused injuries in exercise of the right of private defence - The defence has to further establish that the injuries so caused on the..........
Indian Penal Code, 1860, Section 96 -- Private defence - Number of injuries is not always a safe criterion for determining who was the aggressor - Presumption of right of private defence is not available merely for the reason that there are injuries on the person of accused - Defence has to further establish that injuries so caused on the accused probablise the version of..........
