JUDGMENT

B.P. Singh, J.-Bagdi Ram, who is the sole appellant in this appeal by special leave, has impugned the judgment and order of the High Court of Madhya Pradesh, Jabalpur in Criminal Appeal No. 94 of 1991 dated 30th September, 1996 finding him guilty of the offence under section 304 Part-I IPC and sentencing him to undergo rigorous imprisonment for eights years and a fine of Rs. 5,000/-, in default to undergo further rigorous imprisonment for 20 months.

2. Appellant Bagdi Ram, alongwith five members of his family, was put up for trial before the Second Additional Sessions Judge, Mandsaur in Sessions Trial No. 212 of 1990 in which they were variously charged of the offences under sections 147, 148 323/149, and 302/149 IPC. The trial court by its judgment and order dated 20th December, 1990 acquitted all of them holding that they had acted in exercise of their right of private defence and that the prosecution had failed to explain the injuries suffered by three members of the defence party. State of Madhya Pradesh preferred an appeal against the acquittal of all the six accused persons and by the impugned judgment and order, the High Court while setting aside the order of acquitta