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1992 Supreme(SC) 521

G.N.RAY, K.JAYACHANDRA REDDY
Makwana Takhat Singh Ratan Singh – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Anip Sachthey, CHAVA BADRI NATH BABU, KUMARI ANUPA, P.C.KAPUR, R.C.BHATIA, R.N.SACH

JUDGMENT

K. JAYACHANDRA REDDY, J.:-This is an appeal under Section 379, Cr.P.C. read with Section 2 of the SC, (Enlargement of Criminal Appellate Jurisdiction) Act. The appellant is the original accused No. 1. He along with four others was tried for offences punishable under Sections 148, 302, 302/ 149, 323 and 325 etc. The trial Court acquitted all of them accepting the plea of self-defence. The State preferred an appeal and the High Court while confirming the acquittal of A-2 to A-4 convicted A-1, the appellant herein under Section 302, I.P.C. on the ground that he gave a dharia blow having chased the deceased, which resulted in his death. Therefore the act committed by the appellant amounted to offence of murder. Learned counsel for the appellant submitted that there were serious injuries on the persons of the accused and the prosecution has not come forward with any explanation and thus suppressed the very genesis of the incident and that the trial Court has taken a reasonable view in holding that under the circumstances the accused had a right of, self-defence and did not exceed the same. Further submission is that having rejected the prosecution case as against the four accuse
















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