State of Rajasthan and anr. Vs. Dr. Ashok Kumar Gupta and ors.

- indian penal code, 1890 section 96: [dr.arijit pasayat & asok kumar ganguly,jj] right of private defence availability held, it is a question of fact to be determined on facts and circumstances of each case. no test in abstract for determining such a question can be laid down.section 96: plea as to private defence held, burden of proof is on the accused. burden stands discharged by showing preponderance of probabilities is favour of that plea. section 96: right of private defence - accused taking plea of private defence held, held, he need not required to call evidence. he can establish his plea by reference to circumstances transpiring from prosecution evidence itself. section 96 : right of private defence -injuries on body of accused person held, presumption cannot necessarily be raised that accused person had caused injuries to deceased in exercise of right of private defence. sections 96, 98 &99 :right of private defence - right extending to voluntary causing of death held, accused must show that there were circumstances giving rise to reasonable grounds for apprehending that either death or grievous hurt would be caused to him. sections 102 &105: private defence held, the right commences as soon as a reasonable apprehension of danger to body arises and lasts so long as reasonable apprehension of danger to body continues. sections 300, 96 & 99: murder - appellants allegedly assaulted deceased by means of crow bar and stick - large number of eye witnesses also had suffered injuries - witnesses version is clear, cogent and credible - no reason to discard their version non-explanation of the injuries on accused held, mere non explanation of injuries may not affect the prosecution case. theory of self defence advanced by appellant no. 1 contending that deceased had come to his hotel armed with deadly weapons but he managed to snatch weapons and in self defence gave wide hit to deceased is without any substance. conviction of appellants is proper. .....orderithe appeals fail and are dismissed.iiordinance 278-e(d)(ii) of the ordinances of the university of rajasthan is declared as unconstitutional and quashed.iiiadmissions to the post graduate degree courses in all the medical colleges at all centers in rajasthan shall hereafter be made inaccordance with the decision of the high court rendered on august 7, 1987 in the writ petitions giving rise to the present appeals which is hereby confirmed.ivfuture vacancies including unfilled vacancies to the post graduate degree courses in all the medical colleges in rajasthan shall hereafter be filled on the basis that ordinance 278-e(d)(ii) is invalid provided however that those students who have been admitted to post graduate courses pursuant to the interim order of this court will not be disturbed and will be permitted to complete their courses.vunfilled vacancies may be filled in accordance with and in the light of this order even at this juncture if it can be so done.vireasons will follow.viithere will be no order as to costs.