The right of private defence extends to the voluntary causing of death of the assailant if there is reasonable apprehension that otherwise the result of the assault would be death or grievous hurt.

GUPTA, J.

( 1 ) THIS appeal is directed against the judgment of learned Additional Sessions Judge No. 1, Hanumangarh dt. 18-10-77 whereby he convicted appellant Harlal under Sections 302 and 307/34, IPC and 27 of the Indian Arms Act and Jot Ram (since dead) under Sections 307 and 302/34, IPC and under Ss. 25 and 27 of the Indian Arms Act. Harlal was sentenced as follows :- (a) 302, IPC life Imprisonment and a fine of Rs. 2000/- (b) 307/34, IPC 7 Years RI and a fine of Rs. 1000/-The substantive sentences were ordered to run concurrently. He was not separately sentenced for the offence under the Indian Arms Act.

( 2 ) THE prosecution case can be summed up as follows : There is an agricultural land of Dashrath, first informant in village Rajpuriya. To the western side of this land there is murabba No. 40 divided in 25 killas. Accused cultivated some killas of this murabba. Land of killas Nos. 14, 17, 16 and 25 was the bone of contention. In the F. I. R. Ex. P-3 lodged on 17-6-75 at 9. 10 a. m. at Police Station Nohar, it was stated that Dashrath had purchased four killas i. e. 14, 16, 17 and 25 of murabba No. 40 from one Sannu Ram but Bheriya, Jotram and Harlal sons of Basti Jat were litigating for this land. On 17-6-75 Dashrath along with his younger brothers Gangaram and Bhagirath, brother-in-law Umrao Singh, and nephew-in-law Dalip Singh went to his field to plough the land. At about 8 a. m. Gangaram and Dalip Singh proceeded to the village through the disputed 4 killas land to fetch water. Jotram and Harlal accused, having guns in their hands, came out of the hut, hurled abuses and fired shots hitting Dalip Singh and Gangaram and then they ran away. It was further stated in the F. I. R. that Dalip Singh and Gangaram were taken in a Jeep for treatment but Dalip Singh succumbed to the injuries suffered by him in his chest while on way and Gangaram was hospitalised. On this report, a case under Sections 302 and 307, IPC was registered. The police held the inquest, inspected the site and interrogated the witnesses. Accused were arrested and on their informations guns were recovered. The autopsy on the person of Dalip Singh was held by Dr. J. P. Swami (PW 7 ). He also examined the injuries of Gagaram. After the completion of the investigation a challan was filed.

( 3 ) ACCUSED Jotram was charged with offences under Sections 307, 302/34, IPC and 25 and 27 of the Indian Arms Act and accused Harlal was charged with offences under Sections 302 and 307/34, IPC and Section 29 of the Indian Arms Act. They pleaded not guilty. The prosecution examined 9 witnesses to prove the charges. Accused in their statements recorded under Section 313, Cr. P. C. , denied accusation. They did not examine any person in defence. The case set up by accused Harlal in his statement is that he was in the possession of land killas Nos. 14, 16, 17 and 25 of murabba No. 40 and that Dashrath, a history-sheeter, wanted to take possession from him forcibly and even proceedings under Section 107, Cr. P. C. were launched by him. He stated that he had sown the crop of moth and bajra on the disputed land but Dashrath and his companions, having lathis and guns, went there and started uprooting his crop and when he objected to, Dashrath told him that he would not only uproot the entire crop but would also kill him and thereafter Dalip Singh went in the khala and opened fire at him and therefore he had to open fire to defend himself. He further stated that Dashrath had also fired a shot but he could not see as to who was hit by that shot. He stated that he immediately went to the police station and produced his gun and a bag containing bullets and requested the S. H. O. to register his report, but it was not done. The defence of accused Jotram was that he was not at the spot. He denied that he gave information leading to the recovery of gun or the bullets.

( 4 ) THE learned Sessions Judge held that Dalip Singh had met homicidal death. He further held that the