Dinesh Singh vs State Of U.P

The Supreme Court upheld the conviction of the appellant under Section 304 Part II IPC, despite the acquittal of co-accused under Sections 147, 148, 302, 325, 323, and 149 IPC. The Court clarified that the right of private defence, as per Section 96 IPC, must be assessed based on the specific facts of each case, and the burden of proof lies with the accused under Section 105 of the Indian Evidence Act. The Court found that the appellant failed to establish a legitimate exercise of this right, leading to the affirmation of the High Court's decision.