about the prosecution case and the probabilities of its defence. The proof of defence by preponderance of probabilities is sufficient. Reliance is placed ... burden. Where the right of private defence is pleaded, the defence must be a reasonable and probable version satisfying the Court that the harm caused
proof of
defence on the accused is not that strict as on the
prosecution. If accused succeeds in showing the defence
version probable ... lodging of two FIRs further make the defence version
probable.
Another circumstance that one day prior to the
date of occurrence, Ramphal visited the house
been
explained by the prosecution supported the defence version
and rendered it probable. Though the injuries were found to
be simple in nature and could ... Trial Court was not justified in holding that the
defence version was more probable since all the three
witnesses had improved upon their statements under
tried to make out
that the defence version is more probable. The defence version was
that in fact Bhola Singh who was coming
arrested at 5.30 P.M. the above circumstance undoubtedly makes the defence version probable.
7. To confirm whether we would be justified in basing
plea.
The Sessions Judge rejected the prosecution case,
considered the defence version more probable and acquitted
the accused persons. The trial court found that ... Keshav Uka. The defence evidence was also
adduced.
The learned Sessions Judge rejected the prosecution
case, considered the defence version more probable and
acquitted
witnesses are unreliable witnesses. The defence counsel further
contended that defence version is probable, which is supported by
judgment Ex.D1.
On the other ... merit.
As regarding the defence version, we find that first of all
no DWs have been examined. The defence version is given
certainly be taken
into consideration while judging whether the defence version
of the accused is probable. [80H]
1.05. The motive disclosed on behalf ... taken into consideration
81
while judging whether the defence version of the accused is
probable. The motive disclosed on behalf of the prosecution
interested or inimical witnesses or where the defence gives a version which competes in probability with that of the prosedition one. In the instant case ... interested or inimical witnesses or where the defence gives a version which competes in probability with that of the prosecution one."
Relying on these
paper. Perusal of defence FIR
indicate that there is absolutely no mention about injury
caused to Pw3 by knife. Thus defence version does ... inspire
any confidence at all not even on preponderance of
21
probability. Defence version is also not acceptable because
on the one had it canvassed
