AMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal arises out of a judgment passed by Sessions Judge, Pratabgarh on July 31, 1978, whereby he convicted and sentenced the accused -appellants as under:

(2.) THE case started on a First Information Report lodged by one Gunvant at police station Dhamohar District Chittor wherein it was stated by him that in the morning he along with his brothers Balwant and Ganpat had gone for harvesting the Urd crop from (heir field named as Jambu -wala. They harvested it and at about 3.30 in the noon his father Praduman Kumar came with a tractor. The way to their field is through a Sheda(way) passing through the field of one Chhattar Singh. Chhatar Singh and Amar Singh who were present there told Pradumankumar that they should not pass theit tractor through that way. They also started abusing his father whereupon his father came on the field. At about 6.30, in the evening they were going back to their houses. He, his brother Balvant, Jasvant driver and Gordhan were on field. Makhan Singh was on a horse back and his father was driving tractor. He was following them. They reached near the tractor, Chhatar Singh, Amar Singh, Bahadur Singh, Vishnu Singh Doodia came out of their field and way -layed the tractor. These people were armed with lathies except Amar Singh who was armed with a sickle. Thereafter his father was manhandled, injuries were caused by various weapons as a result of which injuries were sustained by his father. When they tried to intervene they too were not spared. On receipt of this report a case was registered for offence under Sections 341, 347, 149 and 323 IPC and investigation started. This report is Ex. P. 5.and was lodged at 9.00 pm on September 28, 1975, i.e. day of occurrence. On the same day earlier to it Ex. D. 4 report was lodged by Amar Singh accused -appellant wherein Praduman, Gunvant and Balvant were mentioned as the accused who tried to trespass through their land where there was standing crop of Urd and when they were stopped they made an attempt on on them resulting in injuries. On receipt of this report a case under Sections 323, 324 and 34 IPC was registered against the complainant party in this case. Investigation was also carried out in this case where ultimately a final report was given by the Investigating Officer. Case against the present accused was challaned after investigation in the court of Judicial Magistrate Pratab -garh who committed six accused, namely, Amar Singh, Nathulal,Vishnu Singh, Chhatar Singh, Bahadur Singh and Doodia to the court of Sessions for trial for offence under Sections 147, 307, 325, 324, 341, 323 and 149 IPC.

(3.) I need neither discuss the evidence in details nor mention the various contradictions in the statements of the witnesses because I am disposing of this appeal on a very short ground on admitted facts and in the background the law of right of private defence of person and property as has been laid down by their Lordships of the Supreme Court reported in Gettipuila Venknta Sive Subbrayausm and Ors. v. The State of Andhra Pradesh and Anr. : 1970CriLJ1004 wherein it has been held as under: