OAK, C. J. :- The question before the Full Bench is :

"Whether the dictum of this Court in the case of Parbhoo v. Emperor, 1941 All LJ 619 : (AIR 1941 All 402) (FB) to the effect that the accused who puts forward a plea based on a general exception in the Indian Penal Code is entitled to be acquitted if upon a consideration of the evidence as a whole (including the evidence given in support of the plea based on such a general exception) a reasonable doubt is created in the mind of the Court whether the accused person is entitled to the benefit of the said exception is still good law".

2. I have read the judgment prepared by my learned brother Mathur, J. In my opinion, the statement of law in Parbhoo's case, 1941 All LJ 619 : (AIR 1941 All 402) (FB) is not accurate, and needs qualification. Section 105, Indian Evidence Act, states :

"When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General

Exceptions in the Indian Penal Code, or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the abse