AIR 2009 SUPREME COURT 1223 ::2009 AIR SCW 499 ::AIR 2011 SC (Criminal) 1920 ::(2009) 1 DLT(CRL) 456 ::(2009) 1 CurCriR 72 ::2008 (16) SCC 33 ::2009 (3) RecCriR 566 ::(2008) 14 Scale 664 ::2009 (4) AllCriLR 169 ::2009 (1) Crimes 29 ::(2009) 1 EastCriC 119 ::2009 (42) OCR 106 ::2009 AllMR(CRI) 11 ::(2009) 73 AllIndCas 93 (SC) ::2009 (73) AllIndCas 93 ::2009 (64) AllCriC 269

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): Arijit Pasayat, Mukundakam Sharma , JJ

(A) Penal Code (45 of 1860) , S.96— Private defence - Right of - Exercise of - Whether person legitimately acted, is a question of fact to be determined on facts and circumstances of each case - No test in abstract for determining such a question can be laid down. (Para 7) (B) Penal Code (45 of 1860) , S.96— Private defence - Right of - Exercise of - Whether legitimate - Court can consider issue from material on record even if accused has not taken plea. (Para 7) (C) Penal Code (45 of 1860) , S.96— Evidence Act (1 of 1872) , S.105— Private defence - Right of - Accused taking plea is not necessarily required to call evidence - He can establish his plea by reference to circumstances transpiring from prosecution evidence itself. (Para 7) (D) Penal Code (45 of 1860) , S.96— Private defence - Right of - Pleading as to - Defence must be a reasonable and probable version satisfying Court that harm caused by accused was necessary for warding off attack. (Para 7) (E) Pena....