THE RIGHT OF PRIVATE DEFENCE IS A DEFENSIVE RIGHT AND IT IS NOT AVAILABLE TO A PERSON WHO IS THE AGGRESSOR.

JUDGMENT

Tarlada Rajasekhar Rao, J. - The Station House Officer, Kollipara Police Station filed charge sheet against the accused under Sections.447, 354, 341, 324, 506 r/w 34 of Indian Penal Code (for short 'I.P.C'.)

2. The case of the prosecution in brief is that the accused and the de facto complainant are residents of Kothabommuvanipalem Village and the scene of offence is also situated in the same village. The husband of the de facto complainant (PW2) and a-1 are uterine brothers and both are living by doing cultivation. Since, two (2) years there are some ill-feelings between them regarding the partition of the property and in this connection, there is a civil dispute pending in the Court of learned II additional Judicial I Class Magistrate, Tenali. PW2 is also cultivating his mother's land in an extent of ac 0.78 cents as tenant since last 10 years and he is paying lease price to his mother. During this year, PW2 planted kanda and banana crops in the said land. On 06.03.2010 at about 9:30 a.M. LW1 together with LW2 and LW3 went to the said field and noticed that a-1 to a-5 were digging kanda crop with the help of coolies. LW1 to LW3 questioned the accused on point of their digging the crop, for which they grew wild against PW1 and PW2 and picked up quarrel with them. all the accused beat PW2 with hands and legs indiscriminately and tied his hands and legs with coconut rope and they attempted to do away his life by strangulating his neck. When PW1 came to rescue of PW2, a1 outraged her modesty and also tried to hack her with sickle. as a result, she received bleeding injury on left hand middle finger. The accused also threatened them with dire consequences stating that PW1 and PW2 will enter the said land, they would do away their lives. a-2 and a-5 video-graphed the entire incident and the same was witnessed by PW3 to PW9. Basing on the complaint made by PW1, Initially the crime was registered under Crime No.28 of 2010 for the offences under Sections.447, 324, 341, 354, 506 r/w 34 of I.P.C. by the Station House Officer, Kollipara Police Station. During the course of investigation, it is revealed that the accused attempted to take away the life of LW2 by strangulating her neck. So, the Section 307 I.P.C. was added and accordingly, charge sheet was filed for the offences under Sections. 447, 354, 341, 324, 506, 307 r/w 34 I.P.C.

3. after filing the charge sheet, the Court has taken cognizance for the offences under Sections.307, 324, 341, 447, 506 r/w 34 I.P.C. against a-1 to a-5. The Court has taken cognizance under Sections. 324 and 354 against a-1.

4. During the trial, PW1 to PW11 were examined and Ex P1 to Ex P8 and MOs.1 to 3 were marked on behalf of the prosecution. Ex D1 to Ex D12 were marked on behalf of the defence.

5. The trial Court after considering the evidence has found the accused/a-1 to a-5 guilty for the offences under Sections.324, 341, 506(1) r/w 34 of I.P.C. and a-1 is further found guilty for the charges under Sections 354, 324 of I.P.C. and acquitted for the charges under Section 307 and 447 r/w 34 IPC.

6. The lower appellate Court after elaborate discussion confirmed the guilt of petitioner/a-1 for the charges under Sections.323 and 341 of I.P.C. and acquitted the other accused by allowing the appeal partly.

7. aggrieved by the same, the present Criminal Revision Case is filed.

8. Heard both sides.

9. Learned counsel for the revision petitioner submitted that the petitioner/a-1 has exercised his right available in respect of private defence in order to protect his property and used some force which cannot be construed as an offence and further submitted that the parameters of the right of private defence as provided in I.P.C. has been completely lost sight by the Courts below and the Courts below were not justified in convicting the accused and prayed to allow the Criminal Revision Case by setting aside the conviction eventually found guilt against revision petitioner/a-1 for the offences under Sections.323,