1997 INSC 1173
                                                   Naranjan Singh

                                                           Vs

                                              Kuldip Singh and Others

                                        Criminal Appeal No. 577 of 1989

                                       (G. T. Nanavati, G. B. Pattanaik JJ)

                                                      09.12.1997

                                                     JUDGMENT

NANAVATI, J. ­

1. After 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.

2. The 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 cannot
arise. For this reason, the appeal is dismissed.