TMI Blog2002 (9) TMI 879X X X X Extracts X X X X X X X X Extracts X X X X ..... and mother went Chandesara to cut the crop of 'makki'. From Chandesara, Raghunath Singh S/o Kalyan Singh, who was in the employment of Dhan Raj, returned and he told Dal Chand that at about 1.30 p.m. on the way connecting Chandesara with Khemli Station, Devi Lal had murdered Dhan Raj by inflicting injuries on his body with a knife. Raghunath Singh further told Dal Chand that at the time of incident Shobha Lal, Dalla, Keshu Ram, wife of Dhan Raj, mother of Dhan Raj and wife of Keshu Ram were presented and they had seen the incident with their own eyes. It was further told by Raghunath Singh that when Shobha Lal and Dalla ran after Devi Lal, he escaped and could not be arrested and, while escaping, he left a pair of 'chappal' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge. The prosecution examined Dal Chand (P.W. 1), Smt. Kisturi Bai (P.W. 2), Shri Keshu Ram (P.W. 3) Shri Shambhu Dayal (P.W. 6), Smt. Phula Bai (P.W. 7), Shri G.L. Dad (P.W. 8), Shri Man Singh (P.W. 9), Dr. B.P. Gupta (P.W. 10), Shri Ganesh (P.W. 11) and Shri Mohan Lal (P.W. 12) in support of the prosecution case. Several documents were also produced. 3. The records depict that the accused was examined thereafter under Section 313 of the Criminal Procedure Code and denied the allegation made against him. 4. Incidentally, the High Court came to a definite conclusion as regards the non availability of the plea of the right of private defence. The High Court observed: The learned counsel for the accused-appellant has submitted that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and; his hands were empty and all that he was carrying with him was a bundle of 'ambadi' on his head. In our opinion, the statements of the eye-witnesses are true and the entire defence version as to the manner in which the incident occurred is false. The medico legal report exhibit D. 1 is of no assistance to the appellant in proving the theory of self-defence. 5. As regards the plea of right of private defence, this Court in Murali v. State Of T.N., JT 2000 (Supp.) SC 151 observed that the right of private defence undoubtedly is a defence available to an accused but the court while dealing with the defence ought to act with proper circumspection and caution, since the same is an exception rather than a rule. The evidence pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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