SAMVATA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal directed against the judgment dated 26th October, 1987. passed by the Additional Sessions Judge No. 2, Alwar convicting and sentencing the accused-appellants as under :- Sanwata & Sunda U/s 147 IPC - Six months' R. I. each. U/s 323/149 IPC - Six months' R. I each. U/s 302/149 IPC - Life imprisonment and a fine of Rs. 500/-, in default of payment of fine, 6 months' R. I. Sultan U/s 302 IPC - Life imprisonment and a fine of Rs. 500/-each and in default of payment of fine, two months' R. I. to each of them. U/s 147 IPC - 6 months' R. I. U/s 323/149 IPC - 6 months' R. I. Jagdish U/s 147 IPC - 6 months' R. I. U/s 323 IPC - 6 months' R. I. U/s 302/149 IPC - Life imprisonment and a fine of Rs. 500/-in default of payment of fine, six months' R. I.

(2.) BABU Lal (PW-3) submitted a written report (Ex. P. 5) on 4. 7. 1985 at 9. 30 p. m. at Police Station Bansur, District Alwar, stating therein that on that day at about 4 p. m. his uncle Sukhram had gone to his premises to tie the bullocks. Sanwata accused appellant objected to it and warned Sukhram that he will kill him (Sukhram), whereafter he left and returned alongwith his sons Sultan, Banwari, Sunda and Jagdish who were all armed with lathis, Sultan inflicted a lathi blow on the head of Sukhram, who was unarmed. As a result, he fell down and there upon. all other accused persons gave beating to Sukhram, by lathis. When BABUlal and others went there to object, BABUlal also received injuries. His uncle Sukhram died on the spot and he had come to the police station to make the report.

(3.) LEARNED counsel for the appellants has further submitted that since Sultan had received injuries and one of them was on his face, the had a right of private defence and in this connection has placed reliance on 1985 R. C. C. 172-