STATE Vs. JANG SINGH

JUDGEMENT

(1.) BY his judgment dated 30th April, 1965, the learned Additional Sessions Judge, Ganganagar acquitted the respondent Jang Singh for offences under secs. 447, 304, 324 & 325 I. P. C. , and the respondent Gurdev Singh and Ram Singh (who has died during the pendency of this appeal) for offences under secs. 447, 304/34, 325 & 324 I. P. C.

(2.) AGGRIEVED of this judgment of acquittal, the State has filed the above appeal. Since Ram Singh has died after the institution of the appeal, we have now to deal with the case against Jang Singh and Gurdev Singh only.

(3.) IT was also faintly argued that if it be held that Jangsingh had no right of private defence of body against Narsaram, yet he had the right of private defence of property against him. We, however, are unable to accept this submission, firstly because there is no positive evidence led on behalf of the prosecution that Narsaram did anything so as to annoy the accused or obstruct them in their act of ploughing. He was a man of 65 years and had come near only to the rescue of Ramsingh when he was being beaten by a Gandasi by Jangsingh. The right of private defence of property ended with the beating given by Jang Singh and Gurdev Singh to Thakur Ram and Ramsingh and in any view of the matter there was no justification for Jang Singh for having given such a severe blow with a 'jahee' on the head of Narsa Ram. We, therefore, hold that there was neither private defence of property nor of person in attacking and beating Narsaram.