2000 INSC 0822
                                        SUPREME COURT OF INDIA

                                                        Chacko

                                                           Vs.

                                                    State of Kerala

                                            (K Thomas and R Sethi JJ.)

                                                      26.07.2000

                                                    JUDGMENT

K.T. THOMAS, J.

1. There is no scope for any right of private defence merely on the premise that Soman, the
deceased reached the scene armed with a chopper. The prosecution version is that Soman reached
there when he found that his brother -Kunjumon was in great peril as surrounded by armed
assailants. No aggressor can claim a right of private defence -this is a settled position.

2. Out of 9 accused found guilty by the trial court, the Division Bench of the High Court picked out
only 4 of them as the identification and involvement of them alone have been established by the
witnesses.

3. We have considered the evidence and we are of the opinion that the conclusion reached by the
High Court does not require any interference by us. Accordingly, the appeal is dismissed.
4. We are told that accused No. 4 (Mathew @ Mathan s/o Chacko) has died during the pendency of
this appeal We direct the other appellants (who are ar reigned as accused No. 1 - Chacko s/o
Varghese, accused No. 3 - Manikuttan and accused No. 5 - Chacko s/o Chacko) to surrender to their
bail. We also direct the Sessions Judge, Alappuzha to take prompt steps to put those accused back in
jail for undergoing the remaining portion of the sentence.