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Rakhal Das Roy Vs. Kailash Banu - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in5Ind.Cas.721a
AppellantRakhal Das Roy
RespondentKailash Banu
Excerpt:
penal code (act xiv of 1860), sections 104, 504 - right of private defence--justification--using abusive language. - 1. it is manifest that section 104 can have no application by way of defence to the charge brought against the accused in this case, and as it is only on the strength of section 104 that the accused has been acquitted, we must set aside the acquittal and direct a re-trial.
Judgment:

1. It is manifest that Section 104 can have no application by way of defence to the charge brought against the accused in this case, and as it is only on the strength of Section 104 that the accused has been acquitted, we must set aside the acquittal and direct a re-trial.


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