DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCEPTABILITY of the plea of private defence has been the key issue which falls for consideration in this appeal against the order of conviction and as confirmed by the High Court. At this juncture, a brief reference to the factual score may be convenient and the facts of the case may be briefly stated as below :

(2.) THE learned District and Sessions Judge, Udaipur, framed a charge under Section 302 of the Indian Penal Code against the accused (appellant) Devi Lal. THE accused pleaded not guilty to the charge. THE prosecution examined Dal Chand (P.W. 1), Smt. Kisturi Bai (P.W. 2), Shri Keshu Ram (P.W. 3), Shri Shambhu Dayal (P.W. 6), Smt. Phula Bai (P.W. 7), Shri G. L. Dad (P.W. 8), Shri Man Singh (P.W. 9), Dr. B. P. Gupta (P.W. 10), Shri Ganesh (P.W. 11) and Shri Mohan Lal (P.W. 12) in support of the prosecution case. Several documents were also produced.

(3.) AS regards the plea of right of private defence, this Court in Murali v. State of T. N., 2000 (3) ACrR 2793 (SC) : JT 2000 (Supp) SC 151, observed that the right of private defence undoubtedly is a defence available to an accused but the Court while dealing with the defence ought to act with proper circumspection and caution, since the same is an exception rather than a rule. The evidence pertaining to the injuries as sustained by the accused person do not inspire our confidence as regards the correctness of the same. In any event, those injuries are rather minor in nature and they are restricted to mere abrasions. There was no wound or serious injury which may prompt him to commit heinous crime of murder.