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PETITIONER: NARANJAN SINGH

       Vs.

RESPONDENT: KULDIP SINGH & ORS.

DATE OF JUDGMENT:       09/12/1997

BENCH: G.T. NANAVATI, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:                       J U D G M E N T Nanavati, J.      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.      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  can not arise. For this reason, the appeal is dismissed.