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Madhya Pradesh High Court · body

1977 DIGILAW 241 (MP)

Chaturgun v. State of M. P.

1977-07-26

J.S.VERMA, N.C.DWIVEDI

body1977
Short Note : 1. The effect of non-explanation of the injury on the person of the accused by the prosecution, any of the three results may follow depending on the facts of each case :- (i) That the accused had inflicted the injuries on the members of the prosecution party in exercise of the right of self-defence. (ii) It makes the prosecution, version of the occurrence doubtful and the charge against the accused cannot be held to have been proved beyond reasonable doubt. (iii) It does not affect the prosecution case at all State of Gujrat v. Bai Fatima and another. AIR 1975 SC 1478 , Lakshmi Singh and others v. State of Bihar, AIR 1976 SC 2263 , relied on. Appeal partly allowed.