JAMES MARTIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Self -preservation is the prime instinct of every human being. The right of private defence is a recognized right in the criminal law. Therefore, Sec. 96 of Indian Penal Code, 1860 (in short "the I.P.C") provides that nothing is an offence which is done in the exercise of the right of private defence. The question is, as happens in many cases, where exercise of such rights is claimed, whether the "Lakshman Rekha", applicable to its exercise has been exceeded. Sec. 99 I.P.C. delineates the extent to which the right may be exercised.

(2.) The claim was made by the accused in the following background:

(3.) A -2 also filed a complaint against 24 persons, which was tried as S.C. No. 74 of 1991. In the said case some of the P.Ws. and their supporters were the accused. State had launched prosecution against 12 of the said 24 persons. The same as tried as S.C. No. 57 of 1990.