NEMKHOTING AND ORS. Vs. KAMKHOGIN OF MATA VILLAGE

JUDGEMENT

(1.) THIS is a reference under Section 438 , Cr. P. C. made by the learned Sessions Judge, Manipur, recommending that the conviction and sentences passed on the four petitioners before him under Section 323, I.P.C., by the S.D.M., Churachandpur, ought to be set aside.

(2.) I am afraid the reference must be accepted as the procedure followed by the learned Magistrate is full of illegalities. The learned Government Advocate also conceded the same.

(3.) COMPLAINANT 's own examination goes to show that he was the aggressor. The accused therefore, had the right of defence of property. The Injuries caused were few and mere scratches and bruises. It cannot, therefore, be said that the accused exceeded the right of private defence. No useful purpose will therefore be served by ordering a retrial,