1986 Supreme(Raj) 315

RAJASTHAN HIGH COURT
Jas Raj Chopra, J.
Shaitan Singh and Ors. - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Appeal NO. 83 of 1978.
Decided On : 6-01-1986

The right of private defence is not available to the accused persons who were the aggressors and entered into the Dhani of the complainant party and opened an attack on them.

Headnote:

CRIMINAL APPEAL - Conviction for offences Under Section s 325, 147, 323/149, 435/149 IPC - Appeal against conviction and sentence - Accused persons convicted for causing grievous and simple injuries to the complainant party - Accused persons claimed right of private defence - Held, right of private defence not available to the accused persons - Accused persons convicted and sentenced to various terms of imprisonment and fine - Appeal partially allowed - Conviction of accused persons for the offence Under Section 435/149 IPC set aside - Sentence of accused persons reduced.

Fact of the Case:

The accused persons were convicted for causing grievous and simple injuries to the complainant party. The accused persons claimed right of private defence. The complainant party was in possession of the Dhani for the past about 5 years and the incident arose only when the accused persons tried to plough the way leading to the Dhani of the complainant party.

Finding of the Court:

The right of private defence of person and property is not available to the accused persons in this case. The accused persons unauthorisedly entered into the Dhani of the complainant party and they were beating them. Thus, the right of private defence of person and property does not accrue to the accused party.

Issues: Whether the accused persons are entitled to the right of private defence? Whether the conviction and sentence of the accused persons are justified?

Ratio Decidendi: The right of private defence is not available to the accused persons as they were the aggressors. The accused persons entered into the Dhani of the complainant party and opened an attack on them. The accused persons were convicted and sentenced to various terms of imprisonment and fine.

Final Decision: The appeal of Mehardin and Bhoore Khan is accepted and they are acquitted of the offences Under Section s 147, 323, 433/149, 325/149 IPC by giving them the benefit of doubt. The appeal of accused appellants Shaitan Singh, Inder Singh, Roop Singh and Kasim Khan is partially accepted. All these four accused appellants are acquitted of the offence Under Section 435/149 IPC by giving the benefit of doubt. The conviction of accused appellant Karim Khan for the offence Under Section s 325, 147 and 323/149 IPC it maintained and he is sentenced to three months' rigorous imprisonment for the offence Under Section 147 IPC, 6 months' rigorous imprisonment together with a fine of Rs. 200/- and in default of payment of fine, to further undergo 2 months' simple imprisonment for the offence Under Section 325 IPC and three months' rigorous imprisonment for the offence Under Section 323/149 IPC. The conviction of accused appellants Shaitan Singh, Inder Singh and Roop Singh for the offence Under Section s 147, 325/149 and 323 IPC is also maintained and they are sentenced to three months' rigorous imprisonment for the offence Under Section 147 IPC, 6 months' rigorous imprisonment together with a fine of Rs. 200/- and in default of payment of fine to further undergo 2 months simple imprisonment for the offence Under Section 325/149 IPC and three months' rigorous imprisonment for the offence Under Section 323 IPC.