SUKHDEO KUMHAR & ANR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants stand convicted under Sec. 307/149 of the Indian Penal Code, and sentenced to six years imprisonment for an occurrence dated 29.9.1988.

(2.) We have heard counsel for the parties.

(3.) The genesis of the occurrence lies in a land dispute between the parties. Learned counsel for the appellants made a two-fold submission. The first was with regard to a right of private defence, and the second submission was with regard to discrepancy regarding the place of occurrence which has caused prejudice to the appellants in absence of the investigating officer having been tendered in evidence, leading to the loss of the right to cross-examination.