110. Give correct response. A finding a thief B entering into his house at night, through an entrance made in the side-wall seized B while intruding his body and held him with his face down to the ground to prevent his further entrance and thereby caused his death by suffocation. Held :

A. A is liable for culpable homicide and is not entitled to the defence of right of private defence of property.

B. Since B was a thief, A could cause B any harm other than death in defence of his property. A has exceeded his right by causing death, he would, therefore, be liable not for murder but for culpable homicide.

C. A was entitled to claim private defence in his justification, he has not exceeded his right of private defence as he was only holding him to prevent his further entrance. The harm caused is proportionate and justifiable.

D. Since the rule under section 99 of the I.P.C. is that no harm more than that is necessary to inflict for the purpose of defence is justified and A has inflicted more harm than was necessary but he has no intention to cause death or bodily injury likely to cause death, therefore, A is liable for causing hurt only.