Law:

Section:

(a) Criminal Procedure Code (V of 1898)---S. 164-Confession, nature of-Confession recorded soon after arrest of confessing accused on same day earlier in morning between 9 and 11 a.m.-Recording Magistrate found to have satisfied himself with regard to voluntariness of statement and same being free from taint-Magistrate also assured of accused having had no marks of violance on his person nor put under threat or duress of any nature ­Having been recorded so soon after occurrence and taken by all authorities and Courts to be free from any taint, and as voluntary and true, and exhibiting no -detracting features, statement accepted as voluntary.-[Confession]. (b) Penal Code (XLV of 1860)- --S-300, Exception 11-Private defence, right of-Limitations to exercise of right.-[Private defence, right of]. The right of private defence of property and person is hedged by certain restrictions or limitations. The three restrictions relevant for the purposes of this case are these contained in (i) section 99, P. P. C. (ii) sections 100 and 103 P. P. C, and (iii) sections 102 and 105 P. P. C. The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. The right of private defence of the body extends to the voluntary causing of death only where the assault in such as may reasonably cause the apprehension inter alia that death will otherwise be the consequence of such assault. In the case of property, robbery, house­breaking by night and house-trespass causing reasonable threat of death or of grievous injury could justify the causing of death. The other set of limita­tion concerns the continued subsistence of such a right of self-defence of person or property or both at all the relevant stages of an occurrence. (c) Penal Code (XLV of 1860)- ----Ss. 302 & 104-Murder-Appreciation of evidence-Closest deceased or his companions reached after jumping over hedge-Compound en­closed by hedge-Entry of deceased into such compound-Amounted to criminal trespass entitling appellants under S. 104 P. P. C. to cause any harm short of death-Appellant having frontally met deceased and haring not received a single…

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