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Babulal Parate vs State Of Maharashtra And Others on 12 January, 1961

10. The principles enunciated in Babulal's case apply with all force to the case on hand. Under these circumstances, the witness Sarwansingh and the wife of the accused were very much responsible for causing grave and sudden provocation to the accused. It has been provided in clauses thirdly fourthly of Section 100 IPC that the right of private defence of the body extends to causing of death in case of an assault with the intention of committing rape or with the intention of gratifying unnatural lust. This is actually a case of commission of rape and, therefore, the case of the accused is covered by the provisions of clauses thirdly and fourthly of Section 100 IPC.
Supreme Court of India Cites 21 - Cited by 63 - J R Mudholkar - Full Document
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