RAHMAT ALI AND ANOTHERS Vs. THE STATE

JUDGEMENT

(1.) Rahmat Ali and Rifaqat Ali, applicants, in this criminal revision were convicted by the learned Assistant Sessions Judge of Unnao of offences under Ss. 308 and 323, I.P.C. The former was sentenced to rigorous imprisonment for one year under the first count, and under Ss. 323 to one month's rigorous imprisonment. Rifaqat Ali was sentenced to three months' rigorous imprisonment for the offence under Sec. 308, I.P.C., and to fifteen days' rigorous imprisonment under Sec. 323, I.P.C., but he was given the benefit of Sec. 4, First Offenders Act, and was ordered to give two sureties of Rs. 1000 and a personal bond in like amount to appear and receive sentence, if necessary, within a period of one year. In appeal Rahmat Ali's conviction under Sec. 308, I.P.C., was altered to one under Sec. 325, I.P.C., but his conviction under Sec. 323 was left unaltered. His sentence was reduced from one year's rigorous imprisonment under the first -named Sec. to three months' simple imprisonment and a fine of Rs. 150 or one month's further simple imprisonment in default. For the offence under Sec. 323, he was awarded one month's simple imprisonment and a fine of Rs. 50 or one week's further simple imprisonment in default. The order in respect of Rifaqat Ali was upheld. Dissatisfied with the decision of the court below the applicants have come up to this Court by way of revision.

(2.) Only one point has been argued by the learned Counsel in support of his clients' application and that is to the effect that the accused were entitled to the right of private defence on the facts found proved by the lower appellate court.

(3.) The case for the prosecution was that on the 20th August, 1950, there was a marpit between the accused Rahmat Ali and his son Rifaqat Ali on one side and Abdul Wahid and his party on the other. The dispute arose in connection with the erection of a wall of his shop in the town of Unnao. It was said that on Abdul Wahid's remonstrating with the accused, he and his brother Abdul Ahad were attacked and beaten and that the accused continued the assault even after Abdul Wahid had fallen on the ground. The medical evidence showed that Abdul Wahid received twelve injuries including one grievous injury. Rahmat Ali had five simple injuries and Rifaqat Ali had two. The learned Sessions Judge after a close examination of the evidence arrived at the following conclusions: