IMPORTANT POINT
The right of private defence can be exercised only to repel unlawful aggression and not to retaliate as the right is one of defence and not of requital or reprisal.

JUDGMENT

M.K. Mukherjee, J.-Dharamvir, a resident of Samalkha in the District of Karnal, along with his three brothers Shakti Singh, Subhash and Suresh, and son Yudhvir was placed on trial before the Additional Sessions Judge, Karnal for rioting, committing the murders of Yogesh, his father Dinesh, and his grand-father Suraj Bhan, and attempting to commit the murder of his brother Rajesh. The trial ended with an order of convictions recorded against all of them under Sections 148, 302/149 (three counts) and 307/149 of the Indian Penal Code and of sentences of rigorous imprisonment for six months, imprisonments for life and a fine of Rs. 200/-, and rigorous imprisonment for seven years and a fine of Rs. 200/- respectively, and a direction that the substantive sentences shall run concurrently. In appeal the High Court set aside their convictions and sentences; and aggrieved thereby the State of Haryana and the complainant Rajesh have filed these appeals.

2. The deceased Dinesh Chander was the younger brother of Tulsi Ram, who is the father of accused Dharamvir, Shakti Singh, Subhash, Suresh and Lachhi Ram (since deceased). The families of Dinesh and Tulsi used to live in adjacent houses, both of which open into a lane on the west. To the adjacent east of the house of the accused is a shop with a common inner boundary wall. Over that shop litigations were going on between the two families and a few days before the incident, out of which these appeals stem, a decree was passed in favour of deceased Suraj Bhan by the Additional District Judge, Karnal. In another suit filed by Tulsi Ram to evict Hari Kishan, the tenant of that shop, he also got a decree and in execution thereof recovered its possession on May 5, 1984 at or about 2 P.M., through the Court bailiff (P.W. 10).

3. According to the prosecution case on the same day at or about 4.30 P.M. the five accused and Lachhi Ram started demolishing the inner boundary wall on the shop in order to make it a part of their own house. On hearing the sound of pounding on the wall Yogesh went to the lane in front of their house and asked the accused not to demolish the wall. Immediately thereafter accused Dharamvir, armed with a lathi, and other four accused and Lacchi Ram with knives came out of the shop and started inflicting blows on Yogesh with their respective weapons. On hearing the alarms raised by him when Rajesh (P.W. 13), his father Dinesh Chander, and his grand-father Suraj Bhan came forward to his rescue Subhash, Lacchi Ram and Suresh, assaulted Rajesh with their knives. All the five accused persons and Lacchi Ram also assaulted Dinesh Chander and Suraj Bhan causing injuries on their persons. At that stage, Dinesh Chander fired a shot from his licensed gun, which hit Lachhi Ram. In the meantime Krishna Devi (P.W. 14), mother of Rajesh, had also reached the spot. Thereafter the five accused persons ran away with their weapons. Though Yogesh has succumbed to his injuries there, his body was taken to the local Primary Health Centre, where injured Dinesh Chander. Suraj Bhan and Lachhi Ram were removed for treatment. Injured Rajesh however first went to Samalkha Police Station to lodge the FIR.

4. After recording the FIR, S.L. Bodh Raj (P.W. 21) sent Rajesh to the Health Centre for medical examination. He then went to the spot, prepared a site plan, and seized blood stained earth and an empty cartridge (Ext. P. 6) from there and a hammer (Ext. P. 4) and a chisel (Ext. P. 5) from the shop. Thereafter he went to the Health Centre at Samalkha and held inquest on the dead body on deceased Yogesh. In the meantime Suraj Bhan, Dinesh Chander and Lachhi Ram had been removed to Medical College Hospital, Rohtak for better treatment. Lachhi Ram, however, succumbed to his injuries on the same evening and Suraj Bhan on the following day. Dinesh Chander continued to be treated in that hospital till he died on May 10, 1984.

5. During investigation, accused Dharamvir and Yudhvir were arrested on May 8,