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P, with the intention of committing theft entered the house of Q. Q. on seeing him entering, struck him…

Once P fell unconscious, the danger to Q's property and person had ended, so the further, fatal blow inflicted more harm than was necessary for defence, exceeding the limit…

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P, with the intention of committing theft entered the house of Q. Q. on seeing him entering, struck him with a lathi and P fell down unconscious. Thereafter, Q gave him another blow of lathi at his head which caused his death. On being prosecuted for murder, Q took the plea of private defence. Which of the following argument is valid?

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Correct answer C

Once P fell unconscious, the danger to Q's property and person had ended, so the further, fatal blow inflicted more harm than was necessary for defence, exceeding the limit set by BNS s.37(2), and Q's plea of private defence therefore fails.

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