Behari Lal vs State Of Rajasthan on 5 December, 1985
The appellant discovered all of a sudden that the deceased, who was his friend, had committed the breach of faith by trying to commit rape on his wife in his house. His state of mind could very well be imagined at that time. If he inflicted several blows with a short stick on the body of the deceased in quick succession upon finding his wife in a real danger of being raped, he could not be said to have exceeded the right of private defence especially when there is evidence of Nasib Kaur on the record that she could disengage herself from the grip of Boota Singh only after the latter had received seven or eight injuries on his body at the hands of the appellant. Hence, taking all the facts and circumstances into consideration, I am of the view that the appellant has discharged the burden of proving the existence of circumstances bringing his case within the general exceptions laid down in clause thirdly to Section 100, IPC. Under the law, he is not required to prove his plea of right of private defence of person beyond reasonable doubt. What is required from him is to discharge the burden by making out a prima facie case.