JANAB ALI SHAIKH Vs. STATE

JUDGEMENT

(1.) I do not think that there is any alternative to dismissing this appeal. The accused Janab Ali Shaikh alias Chatui, hit the victim Golum Seikh with a 'faora ( a heavy implement used to clean an agricultural field) on the head, resulting in the death of Golam.

(2.) THE only point urged before us. is the point of private defence. Four prosecution witnesses stated during investigation that Golam had aimed a 'pachan' ( a stick used to drive cattle) at Chatui; during trial they went back on their story. The investigating officer has given evidence about the stand taken by the witnesses at, so to say, the Section 161 stage. Mr. Balai Roy on behalf of the accused said that this was enough to establish private defence resulting in death, when read along with the section 313 examination of the accused.

(3.) MR. Roy referred us to the Section 313 statement made by the accused where he said that Golam tried to hit him on the head and that fearing his own death he tried to block the attempted blow, and in that attempt unfortunately hit the victim. Relying on these materials, Mr. Roy said, on the authority inter alia of Dayabhai' s case (AIR 1964 SC 1563; also cited, AIR 1977 SC 577 para 10 and AIR 1980 SC 660, para 13 and 14) that the right of private defence need not be proved beyond reasonable doubt. It may be proved only to the reasonable satisfaction of a prudent man; or, like in Civil Cases, on a mere balance of probabilities; or, even, it may take the shape of adducing materials, like even a Section 313 statement, which have the effect of raising a reasonable doubt in the prosecution case, when looked at from the standpoint of private defence.