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प्रश्न
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Principle:
- Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.
- The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.
Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythechasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down. Decide Rajendra's liability based on the facts mentioned above.
Decide Rajendra's liability based on the facts mentioned above.
विकल्प
Both acts done by Rajendra are justifiable as acts done in exercise of the right to private defence.
Rajendra's act of shooting the man on leg only; is justifiable as an act done in exercise of the right to private defence.
Rajendra's act of shooting the man on head only; is justifiable as an act done in exercise of the right to private defence.
Rajendra's act of shooting the man on leg is not justifiable as an act done in exercise of the right to private defence
उत्तर
Rajendra's act of shooting the man in the leg is justified as it was sufficient to ward of the impending danger at that moment.