PRITHVISINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Prithvisingh accused who has been convicted under sec. 304 I. P. C. by the Sessions Judge, Alwar, and sentenced to three years' rigorous imprisonment, and a fine of Rs. 150/- and in default two months' rigorous imprisonment more.

(2.) ACCORDING to the prosecution, the accused Prithvisingh went to the field known as Gharibdaswala in village Nangal Salia in Alwar District, on the 25th July 1951 and began to plough the field. Mst. Nihali and har nephew Granpatsingh and her Mukhtar-am Durjansingh went to the field to stop Prithvisingh from ploughing it at about 5 P. M. Mst. Nihali asked the accused not to plough the field but he did not listen to her, abused her and pushed her. Ganpatsingh also asked the accused not to plough the field but the accused did not listen to him also and gave an iron shod lathi blow on the head of Ganpatsingh who fell down injured. Ganpatsingh was taken first to the police station Kishangarh where a report was lodged and thereafter he was taken to Tijara hospital where he was examined by Dr. Dharampal Dutt on the 26th July 1951. On the 27th July 1951 Ganpatsingh died at about 2 P. M.

(3.) THE learned Sessions Judge while holding that the accused had a right of private defence of property has negatived the right of private defence of person to the accused which was claimed on the following grounds: (1) the report of the accused Ex. P-l made in the thana. (2) the confessional statement Ex. D-14 of the accused. (3) the statement of Banwari P. W. 7 and Jaisingh P. W. 8. (4) the injury on the left shoulder of the accused.