1980 Supreme(Raj) 177
RAJASTHAN HIGH COURT AT JAIPUR BENCH
P.D.Kudal, Mahendra Bhushan, JJ.
State of Rajasthan - Appellant
Versus
Chandalal - Respondent
D.B. Criminal Appeal No. 163 of 1973.
Decided On : 9-01-1980
For the State: M.I. Khan P.P.
For the Respondent:Narendra Jain and V.S. Dave, Advocates.
The right of private defense under Section 99, IPC, does not extend to causing death when the offense being defended is criminal trespass, and the force used must be proportionate to the threat posed.
Headnote:
CRIMINAL APPEAL - ACQUITTAL - MURDER - RIGHT OF PRIVATE DEFENCE - SECTION 99, IPC - EXCESSIVE FORCE - COMMON INTENTION - SECTION 304 PART I READ WITH SECTION 34, IPC.
Fact of the Case:
The accused-respondents were acquitted of charges under Sections 302/34 and 307/14, IPC, for the murder of Gopal Singh and Bahadur Singh and causing injuries to others. The prosecution alleged that the accused-respondents, armed with sharp weapons, attacked the deceased and injured persons on a disputed field. The accused-respondents claimed self-defense, stating that they were in possession of the field and were attacked by the deceased and others.
Finding of the Court:
The court found that the accused-respondents were in possession of the field on the day of the occurrence and that the deceased and others had trespassed on the field and sown maize. However, the court held that the accused-respondents exceeded their right of private defense by causing excessive injuries to the deceased and injured persons.
Issues: 1. Whether the accused-respondents were in possession of the disputed field on the day of the occurrence? 2. Whether the accused-respondents exceeded their right of private defense? 3. Whether the accused-respondents had a common intention to cause death?
Ratio Decidendi: 1. The court held that the accused-respondents were in possession of the disputed field on the day of the occurrence based on the fact that an ex parte injunction order obtained by the deceased Gopal Singh restraining the accused Kedarlal from interfering with his possession had been vacated four days prior to the occurrence. 2. The court held that the accused-respondents exceeded their right of private defense by causing excessive injuries to the deceased and injured persons, considering the nature and number of injuries inflicted, the weapons used, and the fact that the accused-respondents were in possession of the field. 3. The court held that the accused-respondents had a common intention to cause death based on the evidence that they were armed with sharp weapons and used them to inflict injuries on the deceased and injured persons.
Final Decision: The court accepted the appeal, set aside the acquittal of the accused-respondents Chandalal and Bhawani Shankar, and convicted them under Section 304 Part I read with Section 34, IPC, for the murder of Bahadur Singh and Gopal Singh. The accused-respondents were sentenced to undergo seven years of rigorous imprisonment and pay a fine of Rs. 100/- each, or in default, to further undergo three months of rigorous imprisonment.
JUDGMENT
1. - This is a State appeal Under Section 417, Cr PC (1898) against the judgment of the learned Additional Sessions Judge, Jhalawar acquitting all the four accused-respondents of the charges under Section 302/34 and 307/14, IPC.
2. When the appeal was pending in this Court, the two accused-respondents, Danmal and Kedarlal (2 & 3) expired An application was filed by the learned Advocate for the accused-respondents on 29-12-79, informing this Court about the sad demise of these accused-respondents. As it is an appeal against an acquittal under Section 417, Cr CP 1898, it finally abates under Section 431, Cr P.C. (1898), which corresponds to Section 394(1), Cr C.P. (1973, so far as the accused Danmal and Kedarlal are concerned. We shall, therefore, confine ourselves to the State Appeal so far as the other accused-respondents Chandalal and Bhawani Shankar (1 and 4) are concerned.
3. For the disposal of this State appeal, some facts have to be stated which are as follows. There is a field Almashoer "Jogmandi-wala Khet" situated in village Manohar Thana' District Jhalawar on the banks of river "Kali Khad" measuring about 20 Bighas Litigation was pending for the last about 10-12 years in between ore Gopal Singh (one of the deceased persons) and accused Kedarlal relating to that field. A Civil Suit No. 41/71 was filed by Gopal Singh (deceased) against Kedarlal in the year 1971 in the Court of SDO Aklera and that court issued an exparte interim injunction order on 18-8-71 restraining accused Kedarlal from interfering with the possession of deceased Gopal singh on the field. But, the exparte and interim injunction was vacated by the court of SDO, Aklera on 21-6-72, and the suit remained pending.
4. On June 25, 1972, in the early hours of the morning Gopal Singh (deceased) along with his son Bahadur Singh (also deceased), Mohan Nai, a labourer and others went to the field in dispute and maize was swon and they returned to their houses At about 10 A.M Bahadur Singh (deceased) was returning from the market, and he informed Madan Singh (FW 13) that he had seen the accused persons armed with 'Pharsis' and 'Kulharis' going towards the disputed field. Bahadur Singh also informed the said Madan Singh that he will go towards the field to see as to for what purpose the accused persons had gone there. Madan Singh restrained him from going to the field, but Bahadur Singh could not resist himself and went towards the disputed field. He was accompanied by Raghubir Singh (PW 12). Others, namely, Gopal Singh (deceased; Ratan Singh (PW 11), Bhagwan Singh (PW 9) and Madan Singh (PW 13) also followed them. No sooner, Bahadur Singh reached near the disputed field, all the four accused respondents attacked Bahadur Singh with their respective weapons Danmal, Bhawani Shankar & Kedarlal were having "Pharsis" and Chandlal accused was armed with a ' - '. The accused persons also gave beating to Raghubir Singh, Gopal Singh, Ratan Singh and Bhagwan Singh by their respective weapons, Madan Singh (PW 13), who witnessed the occurrence from a distance and did not go nearby the accused persons, as they had threatened him, went to P S. Manohar Thana and lodged the FIR (Ex P 1) at 11 A.M. A case was registered against the four accused and Head Constable Zahir Khan (PW 14) reached the spot He saw that Bahadur Singh was lying dead and Gopal Singh, Raghubir Singh and Ratan Singh were lying injured. He made arrangements for sending the injured persons to the hospital and prepared the inquest report (Ex P 3) and other memos at the spot. Gopal Singh also died as a result of the injuries on the same evening in the hospital and his inquest report (Ex P 6) was also prepared. In the evening of 26-6-72, Madan Singh (PW 15) took the investigation, arrested the accused persons and on their information, 'Kulhari' and 'Pharsis' were recovered.
5. Dr. Mohammed Umar Ansari, conducted the post-mortem examination on the dead bodies of Bahadur singh & Gopal Singh and also examined the
Click Here to Read the rest of this document
Back
