NERSA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a third application moved under Section 389(2) of the Code of Criminal Procedure on behalf of the convict Karam Singh for suspension of his sentence and releasing him on bail during the pendency of the appeal filed by him along with two other convicts who have already filed by him along with two other convicts who already been released on bail by one of the Hon'ble Benches of this Court on July 19, 1995.

(2.) Lengthy arguments were addressed at the bar by the counsel for parties. Mr. Mani Ram, who represents the petitioner - convict has invited my attention to some portions of the judgment on the basis of which conviction and sentence has been recorded by the trial Court. According to him, the incident had taken place in the land of the accused - convicts and as envisaged by law every body has a right to defend his life and property and while defending his life and property the convicts were entitled to exercise reasonable force to protect themselves. In order to convince the Court, he carried me through para 39 of the judgement of the trial Court wherein the trial Judge has observed as under:-

(3.) My attention was also invited to para 12 of the impunged judgement wherein it has been observed that injury Nos. 2 and 7 on the person of Ajaib Singh (the victim in the incident) where declared grievous by Dr. Sheila Jain PW. 4 on the basis of the observation of the Radiologist Dr. O.P. Gogia, PW.1.