ABDUL KHADER Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused is the appellant.

(2.) THE appeal arises from Sessions Case No. 40 of 1985 in the court of the Ist Additional Sessions Judge, Trivandrum .

(3.) WE want to make it clear that the law discussed below takes in its fold only the law pertaining to homicide committed se defendendo or what is known as homicide committed in defence of one's person: It is generally said that death inflicted by a man in self defence against an unlawful assailant would be a justifiable homicide. Bishop in bis Criminal Law has defined 'defence of one's person' thus: ". . . . . a man may do what seems necessary to preserve himself from personal danger; with this limitation, that he must never take the life of a fellow-being assaulting him, when such fellow-being is no more than committing an assault; unless in the case of extreme necessity, as the only practicable method of saving his own life",