ASHRAF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated Aug. 29,1980 passed by the learned Additional Sessions Judge, Deeg in Sessions Case No. 16/80 whereby the appellants were convicted u/s. 302 read with Sec. 34, I.P.C. and sentenced to undergo imprisonment for life and to pay fine of Rs.200/- each. In default of payment of fine, each of the appellant was further awarded three months rigorous imprisonment.

(2.) We need not state the facts in detail as we are convinced that the accused appellants deserve to be acquitted on the simple ground of right of private defence of person. We, therefore, narrate only necessary facts.

(3.) The houses of the appellants and that of the complainant party are situated in front of each other. Two days prior to the main incident there was a small incident between the parties and it was that the cow of the deceased Chuttu was assaulted by the bull of the appellant Ashraf whereupon Chuttu inilicted a lathi blow to the bull. Being aggrieved by it, the accused appellant Tsar gave a lathi blow on the head of Chuttu and also abused him. The main incident took place before noon on 23.7.1979. It is the admitted case that the main incident of 23.7.1979 was the offshoot of the previous incident which had taken place two days prior. In regard to the main incident, the prosecution case is that all the accused persons came to the house of the deceased and assaulted him with lathies. Chuttu became unconscious on account of the injuries and while he was being taken in a bullock cart for his treatment, he breathed his last in the way. The written report Ex. P-i of the incident was made by Mst. Bassi at Police Station Pahari. On this report, criminal case was registered vide F.I.R. Ex. P-2. During investigation, the post mortem of the dead body was conducted by P.W. 5 Dr. Santosh Gupta on 24.7.1979 vide post mortem report Ex. P-8. As per the post-mortem report, the deceased had the following, external injuries:1.Traumatic contusion - 4 x 4 left side scalp temporal region. 2. Lacerated wound 4 x 1/2 x bone deep Right side scalp directed obliquely anterio medially 3T1 above the fridge of nose. 3. Incised wound - 3/4 x 0.2 x bone deep on the scalp midline 6T1 above the fridge of the nose: Directed obliquely