RAM SUHAWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) LEARNED Government Advocate has received notice. Both the counsels for the appellant and the State are agreed that the revision be finally decided today.

(2.) THE applicant has been convicted under Section 324 IPC. He was sentenced to one years' R. I. and a fine of Rs. 200.00 by the Trial Court. The appellate court has reduced the sentence of imprisonment of six months' R. I. and fine to Rs. 100.00

(3.) LEARNED counsel contended that the accused had the right of defence of property and the injury was caused in the exercise of that right. In support of this contention he has laid emphasis on the observations in the judgment of the appellate court to the following effect :- "It would also be evident that there was no demarcation at the spot and both the parties appear to have been under some misunderstanding as to the extent of their respective portions at the spot. It is this fact which has led to this occurrence." It is contended that as the portion in which the cattle were grazing was bona fide believed by the accused to be his, he had the right to resist interruption by the complainant, and while exercising his right to protect the property he had the right to cause injury to the complainant.