IKBAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ADMIT Issue notice. Learned PP Shri B.S. Bhati accepts notice for the respondent. At the request and by the consent of learned Counsel for the parties, this matter is heard finally today.

(2.) IT is a very strange case of conviction and sentence recorded by the courts below. Ordinarily, this Court does not interfere with the findings recorded by the courts below in its revisional jurisdiction. But this is an extra ordinary case wherein this Court has to exercise its revision jurisdiction. The learned Addl. Sessions Judge while dismissing the appeal has clearly stated in para No. 15 of his judgment that the accused exercised his right of self defence for saving his sister from molestation by the hands of the complainant side, against whom the cross case was filed for the offences punishable under Sections 323, 341, 354 read with 34 IPC. Having held that the learned A.D.J. found that the accused had exceeded in his light of self defence. The manner in which the incident took place and looking to the injuries caused by petitioner Ikbal, it cannot be said that the petitioner has exceeded his right of self defence. Anyone in place of the accused, would have done the same thing which the present accused had done. It is the duty of the brother to save his sister from molestation. The accused has done nothing more than that. Unfortunately, it appeals that the courts below have completely lost sight of this fact and found the accused guilty for offence punishable under Section 326 IPC.

(3.) IN view of the above discussion, this revision petition is allowed, the impugned judgments and orders passed by the courts below convicting the petitioner for offence punishable under Section 326 IPC and sentencing him to undergo simple imprisonment for one year and to pay a fine of Rs. 500/ - are hereby set aside. The accused be released forthwith, if he is not required in any other case.