V.K. Bali, J.-In an occurrence that took place on 29.09.1993 at Village Delawas, whereas one person from the side of the complainant party namely Motiram lost his life, 20 others were injured. In the same very occurrence, ten persons from the side of the appellants were injured. The only but significant question that arises for adjudication in the present case is as to whether the appellants caused death of one and injured 20 others in exercise of their right of private defence of person and property or that they constituted unlawful assembly and attacked the complainant party, thus committing various offences for which they were tried and held guilty.

2. Prosecution put 40 persons on trial out of whom whereas Laxmi Narain @ Latoor has been held guilty for an offence under Section 302 IPC and sentenced to life, Ram Swaroop, Narsiram, Gyarsa, Ganga Ram and Punia @ Puniram have been held guilty for offence under Section 302 read with Section 149 IPC and sentenced likewise. All the appellants have also been held guilty and sentenced for various offences as fully detailed below:

Accused Laxmi Narain @ Latoor & Ladu Ram

Under Section 302 IPC Imprisonment for life and a fine of