ROOP SINGH Vs. STATE

JUDGEMENT

(1.) The vital question which arises in this criminal appeal is as to whether on the facts and circumstances of the present case the Appellants can be said to have proved the existence of preponderance of probability about the exercise of their right of self defence.

(2.) Roop Singh Sanwal Singh, Jagraj Singh, Roopa, Ram Autar, Jagdish and Ram Naresh have preferred this appeal against the judgment and order dated 12th March, 1979 passed by the I Additional Sessions Judge, Farrukhabad in Session Trial No. 53 of 1978.

(3.) The charge against the Appellants was that they committed an unlawful assembly on 23rd April, 1977 at about 12.30 P.M. in village Ismailpur, police station Gursahaiganj, District Farrukhabad with the common object of committing murders of Babu Singh Deopal Singh and Rambir Singh and thereby committed the offence punishable under Section 147 and 302/149 IPC.