JUGAN Vs. STATE OF M.P.

JUDGEMENT

(1.) A short point for consideration in this appeal is ambit of the right of private defence of property. This appeal is directed against the judgment dated 9-8-1997 passed by Sessions Judge, West Nimar, Mandleshwar in Sessions case No. 63 of 1996. By the impugned judgment, appellant has been convicted for having committed an offence punishable under Section 304 of the Indian Penal Code and has been sentenced to undergo 5 years rigorous imprisonment.

(2.) FACTS undisputed are that deceased was real brother of the appellant. Rukma PW.5 is the daughter of deceased Bhavsingh.

(3.) ACCORDING to prosecution story, in the evening of date of the incident, deceased Bhavsingh under influence of liquor, set fire to his hut. Appellant who lived in a nearby hut came and objected. As per prosecution, appellant started abusing Bhavsingh, and suddenly picked up a lathi and dealt a blow on the head of Bhavsingh. As a result, Bhavsingh fell down. Rukma, daughter of Bhavsingh, witnessed the incident. Hearing her shouts, Kailash, her brother-in-law immediately rushed to the spot and found Bhavsingh dead. Other neighbours also came and Rukma informed them about the incident. FIR Ex.P.7 was lodged by Rukma at Police outpost Kamkheda at about 12.30 in the night. Police registered the case under Section 302 and proceeded with the investigation. Dr. Ramesh Kumar Yadav, PW4 performed the post-mortem. Police on 5-12-1995 arrested appellant who had absconded after the incident. At the instance of appellant, a lathi was recovered. According to Dr. Yadav, injury sustained by deceased could be caused by lathi. Thus after completing the investigation, Police filed the charge sheet against appellant for an offence under Section 302.