The proceedings took a period of 11 years. In the post-mortem report, it was mentioned that there were ‘five grievous wounds’ above the neck of the deceased. <\/p>\n\n\n\n
Need A Legal Advice<\/strong><\/h3>\n\n\n\nThe internet is not a lawyer and neither are you. Talk to a real lawyer about your legal issue<\/p>\n\n\n\n
\nTalk to a Lawyer<\/a><\/div>\n<\/div>\n<\/div>![\"\"](\"data:image\/svg+xml;base64,PHN2ZyB3aWR0aD0iMSIgaGVpZ2h0PSIxIiB4bWxucz0iaHR0cDovL3d3dy53My5vcmcvMjAwMC9zdmciPjwvc3ZnPg==\")
<\/a><\/figure><\/div>\n\n\n\n<\/div>\n\n\n\nJudgment: <\/h3>\n\n\n\n
\u2981 The Court held that it was not necessary for the accused to attack the deceased several times to foil his bid to rape her daughter.<\/p>\n\n\n\n
\u2981 Also, the court noticed that there seem to be a conspiracy behind the victim’s murder. It was observed by the Court that Praveen was hit multiple times above his neck, which resulted in his immediate death, had the accused wished to stop the deceased from attacking her daughter, a small force could have sufficed.<\/a><\/p>\n\n\n\n\u2981 It appears to be a planned conspiracy as the family first took the body outside the house and shouted for help after the death of the deceased. <\/p>\n\n\n\n
Right to Self Defense:<\/h3>\n\n\n\n
Self- Defense is known as the right to private defense. Provisions for the right to defense are mentioned below:<\/p>\n\n\n\n
\u2981 From Section 76 to 106 of IPC provide for general exceptions from criminal liability.<\/p>\n\n\n\n
\u2981 Section 96 to 106 provides defense when a person kills a person in self-defense. However, Section 99 of IPC mentions that the right to private defense is available only if there is a reasonable apprehension of death or grievous hurt to the person.<\/p>\n\n\n\n
\u2981 Instances where Right to Private defense extends to causing death under Section 100<\/strong>–<\/p>\n\n\n\ni. <\/strong>if there is apprehension that the attack would cause the death of the accused (who pleads for the right to a private defense)<\/p>\n\n\n\nii. <\/strong>If there is apprehension that the attack would cause grievous hurt<\/p>\n\n\n\niii.<\/strong> An assault with the intention of causing rape.<\/p>\n\n\n\niv.<\/strong> An assault with the intention of gratifying unnatural lust.<\/p>\n\n\n\nv.<\/strong> An assault with the intention of kidnapping or abducting<\/p>\n\n\n\nvi. <\/strong>An assault with the intention of wrongfully confining the accused so that he is unable<\/a> to contact public authorities for his release.<\/p>\n\n\n\nExplanation- <\/h3>\n\n\n\n
For example, if A attacks B with a stick under a quarrel, and B retaliates by shooting A with a pistol. Here, B can’t use the right to private defense. Thus, a higher force can’t be used against an attack under the right to private defense. <\/p>\n\n\n\n
![\"\"](\"https:\/\/www.leadindia.law\/blog\/en\/wp-content\/uploads\/2022\/09\/talk-to-lawyer-black-logo.png\"){kind=logo}
<\/a><\/figure><\/div>\n\n\n\nJudgment: <\/h3>\n\n\n\n
\u2981 The Court held that it was not necessary for the accused to attack the deceased several times to foil his bid to rape her daughter.<\/p>\n\n\n\n
\u2981 Also, the court noticed that there seem to be a conspiracy behind the victim’s murder. It was observed by the Court that Praveen was hit multiple times above his neck, which resulted in his immediate death, had the accused wished to stop the deceased from attacking her daughter, a small force could have sufficed.<\/a><\/p>\n\n\n\n \u2981 It appears to be a planned conspiracy as the family first took the body outside the house and shouted for help after the death of the deceased. <\/p>\n\n\n\n Self- Defense is known as the right to private defense. Provisions for the right to defense are mentioned below:<\/p>\n\n\n\n \u2981 From Section 76 to 106 of IPC provide for general exceptions from criminal liability.<\/p>\n\n\n\n \u2981 Section 96 to 106 provides defense when a person kills a person in self-defense. However, Section 99 of IPC mentions that the right to private defense is available only if there is a reasonable apprehension of death or grievous hurt to the person.<\/p>\n\n\n\n \u2981 Instances where Right to Private defense extends to causing death under Section 100<\/strong>–<\/p>\n\n\n\n i. <\/strong>if there is apprehension that the attack would cause the death of the accused (who pleads for the right to a private defense)<\/p>\n\n\n\n ii. <\/strong>If there is apprehension that the attack would cause grievous hurt<\/p>\n\n\n\n iii.<\/strong> An assault with the intention of causing rape.<\/p>\n\n\n\n iv.<\/strong> An assault with the intention of gratifying unnatural lust.<\/p>\n\n\n\n v.<\/strong> An assault with the intention of kidnapping or abducting<\/p>\n\n\n\n vi. <\/strong>An assault with the intention of wrongfully confining the accused so that he is unable<\/a> to contact public authorities for his release.<\/p>\n\n\n\n For example, if A attacks B with a stick under a quarrel, and B retaliates by shooting A with a pistol. Here, B can’t use the right to private defense. Thus, a higher force can’t be used against an attack under the right to private defense. <\/p>\n\n\n\nRight to Self Defense:<\/h3>\n\n\n\n
Explanation- <\/h3>\n\n\n\n