A entered the house of B at the dead of night with the intention of committing theft B struck him a ...........

Indian Penal Code (IPC) 1860 Offences affecting the Human Body

A entered the house of B at the dead of night with the intention of committing theft. B struck him a lathi in the dark and A fell down unconscious. B gave him one more blow which fell on A’s head, causing extensive bleeding and A’s death. B is prosecuted for murder and takes the plea of right of private defence of property.

The plea of right of private defence of property will not be justified, because the right of private defence in no case entends to the inflicting of more harm than it is necessary to inflict for the purpose of defence and B has struck one more blow on A when he was unconscious.

The plea of right of private defence of property will be justified as Sec. 103 of the IPC justified the extention of private defence to the voluntarily causing of death in case of house breaking by night.

B will not be guilty of murder, but of culpable homicide not amounting to murder as he has exceeded the power given to him in right of private defence and caused the death of A.

B will not be guilty of any offence, as he has acted in the exercise of right of private defence.

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Explanation:

B will not be guilty of murder, but of culpable homicide not amounting to murder as he has exceeded the power given to him in right of private defence and caused the death of A.