Supreme Court · 1996 INSC 1110 · Decided 25 September 1996
Periasami and ANR. v. State of Tamil Nadu
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1110 · [1996] SUPP. 6 S.C.R. 757
- Case number
- CRIMINAL APPEAL No. 346/1993
- Decided
- 25 September 1996
- Bench
- A.S. ANAND, K.T. THOMAS (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 96to106, 302, 304, 34; CrPC Section 313; Evidence Act Section 101, 105
Headnote
B Oiminal Law : Evidence Act, 1872: Sections 101 and 105. c Burden of Proof-Benefit of general exception-Right to private defence-Availing of-Held : Initial burden on prosecution to prove that accused committed the offence charged against-Presumption regarding ab­ sence of circumstances the burden by ''preponderance of probabilities" unlike the prosecution--But there D is no presumption that an accused is the aggressor in every case of homicide. Penal Code, 1860: Sections 96 to 106, 302 and 304. Homicide-Accused being aggressor-Presumption-Held : No presumption that
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