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Head Note

Indian Penal Code,1860  - Section 302 , Section 304

Disputes over the properties - Sudden fight - Exceeding private defence - Section 34 IPC not applicable- Trail court convicted under sec.302 IPC - High court converted to sec.304 part 1 of IPC - In such a case, the guilt of each of the accused, who had exceeded the right of private defence,has to be dealt with separately. The matter would have been totally different, had the right of private defence did not exist at all or the accused persons had done any overt act - Section 34 IPC, is not attracted - Appeals and, accordingly, they are dismissed.

Topic(s)-Private Defence – Exceeding of right