MADAN Vs. STATE

JUDGEMENT

(1.) THIS is a criminal revision under Section 397 Cr. P. C. against the judgment dated 6. 10. 1982 of Additional Sessions Judge, Jhallawar in Appeal No. 32 of 1982.

(2.) ON 19. 12. 1972 a complaint was lodged by one Kahiram alleging that on 15. 12. 1972 at about 5. 00 P. M. when he was drawing water by CHARAS Madan his son-in-law started beating his daughter Shanti. Kahiram went there and tried to appease Madan. Madan waved his Kulhari and injured the right cheek of Kahiram and another accused Shiv Lal inflicted an injury by the butt of the gun on the back of the Kahiram which made him fall down. Madan inflicted an injury by Kulhari on the nose of Kahiram and kept on beating him by the blunt side of his Kulhari so he became unconscious. After this complaint the investigation was done and ultimately the challan was filed. The accused has been convicted under Section 326 I. P. C.

(3.) THAT being so, if on the resistance by Shanti the petitioner Madan Lal wanted to use force or used force that too Madan cannot claim right of private defence, but it is the other way. Shanti and his parents could resist Madan from doing so and if Madan on account of that started beating by an axe Madan cannot be allowed right of private defence.