The central legal point established in the judgment is the interpretation and application of the right of private defence of person and property in the context of the injuries sustained by the parties and the ownership of the land.

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 Rs. 3,000/-, in default of payment of fine, further RI for 2 months to each of them.

Laxmi Narain @ Latoor, Ladu Ram, Ram Swaroop, Narsi Ram, Gyarsa, Gangaram and Punya @ Puniram.

Under Section 147 IPC One year R.I.

Under Section 148 IPC One year R.I.

Under Section 447 IPC 3 months R.I.

Under Section 427 IPC 6 months R.I.

Under Section 323 IPC 6 months R.I.

Under Section 325 IPC One years R.I. and a fine of Rs. 500.-, in default of

payment of fine, one months R.I.

326 IPC 2 years RI and a fine of Rs. 1000/-, in default of

payment of fine, further R.I. for one month.

3. Whereas Laxmi Narayan and Ladu have challenged the order of conviction and sentence passed against them by the learned Additional Sessions Judge. Dausa dated 012.2002 by filling D.B. Criminal Appeal No. 1643/2002, other appellants Ram Swaroop, Narsi Ram, Gyarsa, Gangaram and Punya @ Puniram have challenged the same very order of conviction and sentence by filing D.B. Criminal Appeal No. 1673/2002.

4. Appellants and their co-accused came up with the counter version asserting that they were owner and in possession of the land where the occurrence had taken place and the complainant party had tried to oust them. The complainant party was tried in separate trial and all the accused arrayed in that case have been acquitted resulting into filing of Criminal Revision No. 305/2003. By this common order, we propose to dispose of two criminal appeals and the criminal revision mentioned above.

5. The occurrence leading to the death of one and injuries to 20 as mentioned above took place on 29.09.1993 at 11 a.m. FIR (Exhibit P. 1) with regard to the incident was lodged by Pooran (PW. 1) on the same day at 1 p.m. Learned Counsel appearing for the parties are ad idem that special report with regard to the incident was not sent to the concerned Magistrate at all. In the occurrence aforesaid, whereas Moti Ram lost his life, Kailash, Ramesh, Ram Kishan, Rama, Rukmani, Ramjilal, Gabdu @ Ramavatar, Kalu, Ramjilal, Genda, Manbhari, Devaram, Soni, Manni, Ram Bhajan, Ram Karan and Smt. Bhooli Devi received injuries. From the side of accused, Laxmi Narayan @ Ladu, Lala, Gangaram, Harphool, Puriram, Gyarsa, Revad and Narsi were injured.

6. The FIR lodged by Pooran, when translated into English, reads as follows:

"Respectfully, it is submitted that, we were working in our agricultural fields. Suddenly, 200

persons of Singpura, Abhaneri, Todarwas and Pipaliya came there, out of which Chhitar, Ghasi,

Bhagwana, Laxminarain, Sanwal Ram, Kishore, Kori Lal, Rooplya, Parsa, Dola, Panchya, Kalu,

Sitaram, Moolya, Hari, Gopal, Kalu, Laduram, Narsing, Partyo, Nathu, Ramratan, Revad, Mangya,

Badri, Gopal, Chhitar, Chhajyo, Lacchyo, Ganga Ram, Janyo, Laxmi Narain, Lala, Babu,

Bhagwana, Chhotu etc. were belonging to Singpura; Ma