◼️(SIKKIM HIGH COURT)
◼️Sanjay Suk Raj Subba v. State of Sikkim.
Cri. Appeal No. 4 of 2017, D.27-11-2017.
◼️Penal Code (45 of 1860), Ss. 96, 99, 304 Part II-Evidence Act (1 of 1872), Ss. 105, 134- Culpable homicide not amounting to murder defence Right of private Accused hit deceased on head with wooden log while attempting to free himself during scuffle, resulting in death of deceased-Sole-eye witness deposing that deceased entered into kitchen and started abusing accused using filthy language Eye-witness admitting that dur- ing scuffle accused did not have any inten- tion to assault deceased on head but fire wood accidentally landed on head of de- ceased Investigating Officer reporting no visible injury on head of deceased – Deceased being aggressor, accused unintentionally assaulted him to defend him- self from inevitable harm to body Accused inflicted single blow with half burt firewood weighing only 500 grams Accused not exceeding his right of private defence Accused entitled to acquitted.