Penal Code, 1860–Sec. 99–Right of private defence–Availability–Deceased was a notorious person–Numerous criminal cases against him–Property was in possession of accused–S took the assistance of deceased with an ulterior object to get the possession forcefully–Deceased came at the scene having a gun in his hands–He probably tried to put the accused into fear with the view to eject them–He forced the mason and the labourer to run away–During the scuffle, he received some injuries which proved fatal to his life–It was a reasonable discernment on the part of the accused that the deceased may cause them grievous hurt by the way he chased them with a gun and usable cartridges in his hand–Accused must have entered the room, picked up the tools they could find lying in the room and inflicted the injuries to the deceased–Accused had no ample opportunity or sufficient time to take the recourse of legal proceedings or the assistance of police authorities because they were in a walled area–Medical evidence showing that the incident occurred within a span of few minutes–Held, accused exercised their right of private defence and right of private defence of property.
