Judgment

MITTER, J.: The main question involved in this appeal is, whether there was evidence to justify the finding that the appellant had exceeded his right of private defence in giving two blows with a dagger to one Shyamsingh one of which proved fatal.

2. The prosecution case was as follows. There was a long-standing enmity between the families of Achalsingh on the one hand and Hariram and his sons on the other on account of the fact that the admitted advance of Rs. 10,000/- by Hariram to Achalsingh some years back had not been repaid in spite of numerous demand made from time to time. The houses of Hariram and Achalsingh were situated at a short distance from each other in the City of Jodhpur. Hariram had two sons, Rameshwar and Devilal. Rameshwar had been given in adoption to his uncle but the relationship between him and his brother, Devilal continued to be quite cordial. Rameshwar was married to one Ratan Kanwar whose brother Shyamsingh came to lose his life in the way to be narrated hereafter. Achalsingh had two sons, Sampatsingh and Shyamlal. On March 28, 1963, at about 6 p. m. there was a quarrel between Devial on the one hand and Asulal, Sampat Singh, Shyamlal and two fri