SUJANAPAL Vs. STATE OF KERALA

JUDGEMENT

(1.) IS the accused entitled to any right of private defence? Is such right available to enable him to claim absolution or extenuation? Notwithstanding the fact that the appellant / accused had not specifically raised such a plea of protection under the general exception of private defence, did the Court below err in not considering the same? These are the questions that are raised before us for consideration in this appeal.

(2.) THE appellant faces a sentence of imprisonment for life and a fine of Rs.10,000/- and a default sentence to undergo rigorous imprisonment for a period of one year for the offence under S.302 IPC.

(3.) THE investigation commenced with Ext. P4 FIR registered by PW 7 on the basis of Ext. P1 F.I. statement lodged by PW 1 at 2 a.m. on 07/10/2002. The investigation was completed and PW 8 filed final report / charge - sheet before the Magistrate.