It may not be appropriate for us to give an opinion on issues of facts. Without seeing the detailed documents / evidence, it is not advisable to speak on facts. So, why don’t you consult some local lawyer by showing him evidence / documents?
Generally speaking, you can take the plea of self-defence if you were surrounded / attacked / chased by the opposite party and imminent danger existed to your life or property, as is mandated in the IPC in sections covering right of private defence. Try to cover your plea in cross-examination of prosecution witnesses, in your statement under Section 313 Cr.P.C., in your defence witnesses’ examination, and your written arguments in the end.
If you are not able to take the plea of self-defence and at the same time, the ingredients of offence under Section 299 or 300 are proved, then naturally the court may hold you guilty under Section 304 or 302 as applicable on the basis of facts. If you are able to prove the exercise of right of self-defence, then of course, you be either be acquitted or may be convicted only under 304 IPC instead of 302, depending on facts proved.
However, as mentioned above, do not depend on this general advice and engage some advocate with knowledge and show him the detailed evidence and documents for proper advice.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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