Singh Vs. Kuldip Singh & Ors  INSC 916 (9 December 1997)
NANAVATI, G.B. PATTANAIK
hearing the learned counsel for the appellant and going through the judgment of
the High Court, we find that the view taken by the High Court is quite
reasonable and, Therefore, it does not call for any interference by this Court.
Trial Court believed the evidence regarding presence of accused Kuldip Singh
and his participation in the assault on the deceased. The High Court on the
other hand has not believed his presence at the time of the incident. This is a
finding of fact and we have now to proceed on that basis. Once it is accepted
that he was not present, obviously he could not have taken any part in the
assault on the deceased and, therefore, the question of exceeding the right of
private defence can not arise. For this reason, the appeal is dismissed.