Penal Code, 1860: ss. 96, 97 and 100 - Right to private defence - Exercise of - Land dispute between parties - Gun shot injury by accused resulting in death of deceased - Plea of private defence by accused - Acquittal by trial court - Set aside by High Court and conviction of accused - On appeal, held: Law does not require a law-abiding citizen to behave like a coward when confronted with an imminent unlawful aggression When there is real apprehension that aggressor might cause death or grievous hurt, right of private defence of defender extends to killing the aggressor - On facts, accused had serious apprehension of death or at least grievous hurl when he exercised his right of private defence to save himself Role attributed to accused is fully covered by his right of private defence - Trial court's view is the possible view and is based on the entire evidence on record - Thus, order of acquittal restored.

Right to private defence - Guiding principles for exercise of right to private defence - Explained

Appeal: Appeal against acquittal - Scope of interference - Held: If trial court's view is a possible or plausible view, then appellate court or High Court is not justified in interfering with it- There is presumption of innocence which is further fortified with the acquittal of accused by trial court.