CASE AND COUNTER

[Sindhu m]

Namasthe all,

I would like to share a precedent which is relied by us in most of the case and counter cases. I request you to suggest whether there is any change in legal position.

here it is:

Supreme Court in Dwarka Prasad v. State of U.P. 1993 SCC (Cri.) 882 held that:

"A free fight is that when both sides mean to fight a pitched battle. The question of who attacks and who defends in such a fight is wholly immaterial and depends on the tactics adopted by the rival party. In such cases of mutual fights, both sides can be convicted for their individual acts. As such once it is established by the prosecution that the occurrence in question is result of a free fight then normally no right of private defence is available to either party and they will be guilty of their respective acts."

Regards,

MDVN Sindhura,

Junior Civil Judge.