DHANJIBHAI NAGJIBHAI Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
STATE OF GUJARAT
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PER AHMADI, J. -
(1.) It is, therefore, quite probable that because the family members of Maganbhai carried a grudge against the appellants, particularly appellant No. 2 who was having an affair with Jayshree, Ravjibhai picked up a quarrel and when challenged, came out with a stick to teach appellant No.
(2.) a lesson. The father, appellant No. 1, apprehending that his son may be beaten by Ravjibhai, came out of his house with a knife and gave three successive blows from behind to Ravjibhai just below the neck. Out of these three injuries, injury No. 3 was fatal while injury No. 2 was likely to cause death. Mr. Shethna very fairly conceded that appellant No, 1 had exceeded his right of private defence. He could have disarmed Ravjibhai after giving one blow and need not have given two further blows to him. We have, therefore, no doubt that the right of private defence was exceeded by appellant No. 1. The appellant No.1 would, therefore, be liable to be convicted under Section 304, Part I of the Indian Penal Code and not under Section 302 of the Indian Penal Code.
Appeal partly allowed. ;
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