Criminal lawyer: An unarmed person cannot cause any harm when other side is armed with weapons - private defence not made out, conviction maintained; SC.- 10:30
Supreme Court of India
Justice Hemant Gupta
It was held by the Supreme Court in the case titled as "Nagji Odhavji Kumbhar and Another Vs State of Gujarat", that in the said case the testimony of the injured witness was corroborated with medical evidence - injury on the person of the injured witness with the medical documents, that proves the prosecution case beyond reasonable doubt.
It was further held that as the plea of private defence was taken by the appellant/accused. An unarmed person can not cause any harm to the other side, when the other side is armed with spears and other weapons. And for attracting the right of private defence more harm than required for protection cannot be caused in the law. The Appeal of the accused was accordingly dismissed.