RANDHIR SINGH Vs. STATE

JUDGEMENT

(1.) ON 1 -7 -56 at about noon, Kamarji and Ganesh Ram were constructing a Bagar (putting up a fence on a land which was jointly owned and used by Kamarji and his family on one hand and Roopsingh and his family on the other. Roopsingh objected and a quarrel ensued. Roopsingh was a man of 65 years and walked with the aid of a stick. Narain Singh (brother of Kamarji) pushed Roopsingh, who fell on the ground. Seeing his father being pushed like this, accused Randhir Singh (the son of Roopsingh) got hold of a stick with which the fence was being raised (known as "Oab") and tried to hit Narainsingh, who pushed his father, on the shoulders, but the weapon descended upon the pericranium. Narainsingh on receiving this blow fell in a pit. He never recovered consciousness and died on his way to the hospital. It is also alleged that Kamarji and Ganeshram received contused wounds; at the hands of Roopsingh (father of the accused). Oodhamsingh (brother of the accused) and one Kishensingh (grandson of Roopsingh); All the four persons were challaned under Section 302 Indian Penal Code read with Section 34 I.P C. On trial, Roopsingh, Oodhamsingh and Kishen Singh were acquitted. Only Randhir Singh has been convicted under Section 325 I.P.C. and sentenced to 4 years' rigorous imprisonment.

(2.) THE accused denies having given any blow to Narain Singh. But there is over -whelming evidence of the fact that the accused was there and that when his father (Roopsingh) was given a push and thrown down on the ground, accused Randhir Singh gave a blow to Narainsingh which proved fatal.

(3.) IT must be stated at the outset that the accused has not pleaded any right of self -defense. What we have therefore got to see is whether in view of the circumstances of this case, it can be said that an injury which he inflicted, was in the exercise of right of self -defense.