accused and deceased-
Altercation and assault-Accused receiving injuries-Accused
whether aggressors-Whether entitled to right of private
defence.
HEADNOTE:
The prosecution alleged that there ... assault initially started and which party was the
aggressor, that the prosecution had not explained as to how
the
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appellants received the injuries
natural for the victims to offer some resistance. In that resistance, the aggressors may receive minor injuries on their person. Since the appellants were ... aggressors, no right of private defence was available to them. We have given our thoughtful consideration to the rival submissions.
25. The pertinent question before
Code, thereby clearly proving that Rajdeep Singh etc.
NARESH KUMAR
were the aggressors and the appellants, if at all, caused injuries ... possession, which party initiated the attack and which party was the
aggressor. Thus, before answering the question of culpability, the
trial court was required
wherein the prosecution side had been alleged to be aggressors. The defence also examined two witnesses who are formal in nature, namely ... order to ascertain whether they were in fact used by the deceased-aggressors or planted by the accused persons. Further, only three accused were named
issue to be decided by Court is as to who is the aggressor. Up to this stage, no such material has emerged on the basis ... which it could be conclusively concluded as to who is the aggressor.
8. It is next contended that 3 of the named accused namely Nanhey
unconscious on the spot. The suggestion about P.W-3 being the aggressor having reached at the house of Devendra in an inebriated state ... would be necessary to determine as to which side was the aggressor. It is argued that the prosecution has not been able to prove
Mukhtiar Singh. Avtar Singh, Surjit Singh, Amar Singh sustained injuries by the aggressor Nirpal Singh and his accomplices above stated. Gurcharan Singh had received injuries ... action on the version lodged by us. The complainant party is aggressor who made an attack with different motive on different persons whereas
learned trial court was that it held the first party as aggressor. This finding is totally erroneous. The trial court failed to appreciate that ... They had taken the law in their own hands. They were the aggressors and first opened the attack. The trial court has committed serious error
learned trial court was that it held the first party as aggressor. This finding is totally erroneous. The trial court failed to appreciate that ... They had taken the law in their own hands. They were the aggressors and first opened the attack. The trial court has committed serious error
Deputy
Superintendent of Police, they were found to be the aggressors and
as they were told that they would be challaned, they filed an
application ... enquiry and as he found that the complainant
side were the aggressors, they applied for anticipatory bail.
KUMAR VIRENDER
2015.03.23 13:02
I attest
