Bahal Singh vs The State on 29 January, 1969
The facts of the instant case are distinguish, able from the facts of the case referred to above. In the present case, as mentioned above, it was the appellant who had inflicted slap on the deceased to start with and again it was all unawares that he picked up the Kirpan and stabbed the deceased therewith. He, there, fore, obviously took undue advantage of the situation and cannot avail of the benefit of the said exception.