Back
High Court Of Rajasthan
Judgename : A.S. Godara
Pahar Singh - Appellant
Versus
State of Rajasthan - Respondent
Criminal Appeal No. 445 of 1981
Decided On : 10/14/1998
CRIMINAL APPEAL - Murder - Right of Private Defence - Public Way - Obstruction - Legality of Conviction - Benefit of Probation of Offenders Act.
Fact of the Case:
The appellants were convicted of murder, rioting, and causing grievous hurt. The incident arose out of a dispute over a public way passing through the fields of the appellants. The appellants claimed that they had a right of private defence of property and that the deceased and the other injured persons were trespassing on their land. The prosecution claimed that the appellants had no right to obstruct the public way and that they had acted with excessive force in defending their property.
Finding of the Court:
The court held that the appellants did not have a right of private defence of property. The public way was a legal right of way and the appellants had no right to obstruct it. The court also held that the appellants had acted with excessive force in defending their property. The injuries inflicted on the deceased and the other injured persons were not proportionate to the threat posed by them.
Issues: 1. Whether the appellants had a right of private defence of property? 2. Whether the appellants acted with excessive force in defending their property?
Ratio Decidendi: 1. The right of private defence of property is a common law right that allows a person to use reasonable force to protect their property from unlawful interference. However, this right is limited by the principle of proportionality. A person can only use as much force as is necessary to protect their property. 2. In this case, the court held that the appellants did not have a right of private defence of property because the public way was a legal right of way. The appellants had no right to obstruct it. The court also held that the appellants had acted with excessive force in defending their property. The injuries inflicted on the deceased and the other injured persons were not proportionate to the threat posed by them.
Final Decision: The court upheld the convictions of the appellants. However, the court reduced the sentences of the appellants who were sentenced to life imprisonment to 20 years' rigorous imprisonment. The court also extended the benefit of the Probation of Offenders Act to the appellants who were sentenced to less than 3 years' imprisonment.
A.S. Godara, J.-This appeal is directed against the Judgment and order dated 23/24-7-1981 passed by learned Sessions Judge, Jalore in Sessions Case No. 58/80. The learned Sessions Judge, after completion of trial, vide his impugned Judgment and order convicted and sentenced the accused-appellants Nos. 1 to 7 as under: 1) Pahar Singh Under Section 302 IPC life imprisonment Sentenced to 1000/-and, in and, fine of Rs. payment of fine, to default of one year’s further undergo imprisonment, rigorous Under Section 302/149 IPC Life imprisonment of and fine and, in Rupees 1000/-payment of fine, to default of one year’s further undergo imprisonment, rigorous Under Section 325/149 IPC Three years’ rigorous a fine of imprisonment and default of Rs. 300/-and, in to further payment of fine months’ rigorous undergo four imprisonment. Under Section 323 IPC Three months’ simple imprison- Rs, 100/-and ment and fine of payment of fine in default of undergo 15 days’ to further imprisonment, simple Under Section 323/149 IPC Three months’ simple imprison- Rs. 100/-and ment and fine of payment of fine in default of to further undergo 15 days’ imprisonment. simple imprison- Rs. 100 and in payment of fine to 15 days’ simple 2) Bhav Singh life imprisonment 1000/-and in payment of fine to one year’s imprisonment. imprisonment and fine of and in default of to further year’s rigorous rigorous imprison- of Rs. 300/-of payment of undergo four rigorous imprisonment. simple imprison- Rs. 100/-and payment of fine undergo 15 days simple Three months’ ment and fine of default of further undergo imprisonment. Sentenced to and fine of Rs. default of further undergo rigorous Under Section 302/149 IPC Life Rupees 1000/-payment of fine undergo one imprisonment. Three years’ ment and a fine and in default fine to further months, Three months’ ment and fine of in default of to further simple Under Section 147 IPC Under Section 302 IPC Under Section 325/149 IPC Under Section 323 IPC imprisonment. simple imprison- Rs. 100/-and payment of fine undergo 15 days’ imprisonment. simple imprison-Rs. 100/-and payment of fine undergo 15 days’ imprisonment. 3) Jog Singh imprisonment and fine of and in default of to further year’s rigorous rigorous imprison- of Rupees 300/-of payment of undergo four imprisonment. simple imprison- Rs. 100/-and payment of fine undergo 15 days’ imprisonment. Three months’ ment and fine of in default of to further simple Three months’ ment and fine of in default of to further simple Life Rupees 1000/-payment of fine undergo one imprisonment. Three years’ ment and a fine and in default fine to further months’ rigorous Three months’ ment and fine of in default of to further simple Under Section 323/149 IPC Under Section 147 IPC Under Section 302/149 IPC Under Section 325/149 IPC Under Section 323 IPC simple imprison- Rs. 100/-and payment of fine undergo 15 days’ imprisonment. simple imprison- Rs. 100/-and payment of fine undergo 15 days’ imprisonment. 4) Chandan Singh and fine of Rs. default of payment further undergo five imprisonment. and fine of default of to further months’ rigorous rigorous imprison- of Rs. 300/-of payment of undergo four imprisonment. simple imprison- Three months’ ment and fine of in default of to further simple Three months’ ment and fine of in default of to further simple Five years RI 700/-and in of fine to months’ rigorous Three years’ RI Rs. 300 and in payment of fine undergo four imprisonment. Three years’ ment and a fine and in default fine to further months’ rigorous Three months’ ment and fine of Under Section 323/149 IPC Under Section 147 IPC Under Section 307 IPC Under Section 325 IPC Under Section 325/149 IPC Under Section 323 IPC Rs. 100/-and payment of fine undergo 15 days’ imprisonment. simple imprison- Rs. 100/-and payment of fine undergo 15 days’ imprisonment. simple imprison- Rs. 100/-and payment of fine undergo 15 days’ imprisonment. 5) Asu Singh and fine of default of to furthere months’ rigorous rigo
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
