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Exercise of Private Defence

Land dispute between the parties, accused assaulted by gun shot,only oral evidence did not show that the deceased was in possession of Land, on the other hand, the entries in the revenue record showed that the accused was in possession of the Land , injuries sustained by the accused not explained by the prosecution, accused acted in the exercise of Private Defence, acquitted.

There were allegation s but the police officers severely beat the deceased at police station and also caused disappearence of evidence by concealing the dead body, evidence did not establish that the deceased that the deceased was taken in to police station and interrogated there and there he was beaten by the accused ,guilt of the accused not established, conviction recorded by the lower Court was set aside

Dead body of the deceased recovered in pursuance of the disclosure statement made by the accused, however,no evidence that the accused stated that he had buried the child at that place. It was found that the accused only knew the place where the dead body was buried. The said cercumstances was not sufficient to hold the accused guilty for offence u/ s 302 IPC

Three persons also died on the side of the accused, prosecution did not furnish explanation as to how three persons on accused side died. , conviction of the accused held unsustainable.

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