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The SC in an appeal matter of Nagji Odhavji Kumbhar & Anr. V. State of Gujarat held that “In case if multiple wounds the defense of attack without pre-meditation cannot be taken”. In the matter where Nagji Odhavji Kumbhar and others were accused of attacking bhura Govind and Lakha Arjan with spear who had succumbed to death on spot. The accused was found guilty and convicted by trial court for offence under Sec 302 and Sec 324 IPC.
The contention of appellant before the apex court was that deceased were aggressors and injuries were inflicted on them as in private defense to protect their land. Also the occurrence was on the spur of the moment without pre-meditation and therefore Sec 302 cannot be attracted. The division bench observed that as deceased in the present case was not armed therefore the plea of private defense fails. Here the harm caused is more than what is necessary for protection of land.
The bench making a note on multiple wounds in chest and grave injuries caused held that as it is a case of multiple wounds the appellant’s contention of acted in the spur of the moment cannot be accepted. The appellant evidently acted in a cruel or unusual manner and therefore upheld the decision of HC convicting him for offence under Sec 302 of IPC.
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