GAJENDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Gajender Singh has been convicted under Section 304 Part-II I. P. C. and sentenced to 2-1/2 years' R. I. . , by the learned Sessions Judge, Banswara, by his judgment dated 8. 2. 79. He has, therefore, come up in appeal.

(2.) THE facts which are now not in dispute and as have been found by the learned Sessions Judge himself are that one Kanji accused was wanted in connection with an offence under section 307 I. P. C. and a warrant of arrest had been issued against him being Ex. D. 3 dated 4. 9. 76. In pursuance of this warrant the present appellant Gajender Singh, who was at that time posted as Head Constable at Police Station, Banswara, was sent to village Pipalwa to affect the arrest of Kanji. It appears that the accused Gajender Singh went to the house of Badariya father of Kanji and arrested Kanji at about 5. 30 p. m. on 4. 9. 76. Kanji tried to rescue the arrest but he was over-powered by Gajender Singh. In the meantime Badariya also tried to resist. Kanji and he caught hold of the accused Gajender Singh. On account of this Gajender Singh lost control over Kanji, who escaped and Badariya grappled with Gajender Singh. On account of this scuffle both the parties, namely, Badariya as well as Gajender Singh received injuries.

(3.) AS stated above, he was within his right to inflict these injuries either under the powers vested in him under section 46 Cr. P. C. or in the right of his private defence of person. He cannot be said to have exceeded that right and in these circumstances he cannot be held guilty of any other offence.