BHAGWAN SAHAI AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the appellants have assailed the impugned judgment of the High Court of Judicature for Rajasthan at Jaipur Bench whereby Criminal Appeal No. 1235 of 2011 was disposed of by the impugned judgment and order dated 14.1.2016. The High Court set aside the conviction of the appellants under Sections 307 and 307/34 of the IPC respectively but found them guilty under section 308/34 of the IPC. The High Court also set aside appellant's conviction under Section 326 and 326/34 IPC respectively in view of their being found guilty under Section 308/34 of the IPC but maintained the conviction under Sections 323 and 324 of the IPC. For the offences under Section 308/34 IPC the appellants were inflicted with punishment of two years rigorous imprisonment alongwith a fine of Rs.500/- with a default clause. For offences under Sections 323 and 324 of the IPC, the lesser sentence awarded by the trial court were maintained.

(2.) In order to appreciate the submissions advanced on behalf of the appellants that even if the allegations against them were to be accepted as true, they are entitled to acquittal on the plea of right of private defence of person, it is necessary to notice the prosecution case, the injuries on appellant No.1 and his parents, including his father who received serious injuries that proved fatal and whether the prosecution have been able to offer any explanation for the injuries on the side of the accused.

(3.) According to the prosecution case, two appellants who are brothers alongwith female family members, Guddi Devi, Seema and Gulab Devi formed an unlawful assembly in their village on 4.5.2008 at 10.00 a.m. Armed with lethal weapons they went near the "Bada" of Jagram and caused injuries to Sajana Devi with blunt weapon, simple injury to Jagram and his wife Malli Devi with blunt as well as incised weapon and also caused simple as well as grievous injuries to Kailash Chand with blunt and incised weapon. According to prosecution the offences under Sections 147, 148, 323, 324, 326 and 327 read with Section 149 of the IPC were committed by the accused persons on account of old enmity between the parties.