In cases of self-defense, the extent of force used must be proportionate to the threat posed, and exceeding the necessary force may result in a conviction for culpable homicide not amounting to murder under Section 304 Part I IPC.

1. - Appellant Ram lal was tried for the offence under s. 302, IPC by the learned Sessions Judge, Pali. By the judgment dated February 29, 1980, the learned Sessions Judge held the appellant guilty for the offence under s. 302 IPC and sentenced him to rigorous imprisonment for life. Feeling dis-satisfied by his conviction and sentence, the appellant Ramlal has preferred this appeal in this Court.

2. Briefly stated the facts of the case giving rise to the trial and conviction of the appellant are as under:

3. On November 25, 1978, at about 4.30 P.M. PW 4 Hariram lodged the First Information Report at Police Station Looni to the effect that his nephew Bhagirath has been injured by Ramlal. A case under s. 302 IPC was registered. PW II Laxminarain, the Station House Officer, Looni, went to the site and proceeded with the necessary investigation. The site inspection plan were prepared. Postmortem examination of deceased Bhagirath was conducted by PW 2 Dr. N.S. Kothari, Medical Juriste, Mahatma Gandhi Hospital, Jodhpur. PW 2 Dr. N.S. Kothari prepared the postmortem examination report (Ex. P. 2). The Doctor noted the following injuries on the dead body of Bhagirath

"(1) Incised stitched wound 23.0 cm. long on the left fronto-parietal occipital region of the scalp (torn) long tordinal direction slightly curved 7.5 cm. above the superior aspect of the left ear pinna 40 cm. above and lateral to the left eye brow with cophatohaemetoma on removing the stiches the wounds margins are clean out with cutting of under lying bones i.e. left frontal, parietal and left occipital bones. The membrances covering the brain are out with clean cut margin underlying the wound. There is cut in the left hemisphere of the brain in the parietal region with intra cranial haemorrhage. All the tissue underneath the wound is clearly divided in ending bones and membrances of the brain."
In the opinion of the Doctor, the cause of death was comma as a result of head injury.

4. Appellant Ramlal also reached that police station 5.45 P.M. on the same day i.e. 25-11-1978 and informed the SRO about his being given a beating by Bhagirath. The SHO had already information regarding the Bhagirath and his injuries. He, therefore, arrested the accused. After his arrest, while in custody, appellant Ramlal furnished information for getting recovered Dhariya from his field. The SHO in pursuance of the information, recovered the Dharia from the field of the appellant. Articles suspected to be stained with blood recovered during the course of investigation were sent to the Chemical Analyser for chemical analysis. On November 27, 1978, at about 6 A.M. injured Bhagirath succumbed to the injuries sustained by him. The case initially registered under section 307 IPC was converted to one under section 302 IPC. The reports of the Chemical Analyser and the Serologist were received. The Serologist detected human blood on the clothes of the deceased and the accused. The origin of the blood on the Dhariya could not be known. After completion of the necessary investigation, charge sheet against the appellant and his mother Smt. Gavari against whom there was allegation of instigating the appellant for committing the crime was filed in the court of Chief Judicial Magistrate, Pali. The learned Magistrate finding it a case exclusively triable by the Court of Sessions, committed the appellant to the Court of Sessions Judge, Pali to stand their trial.

5. Before framing of the charge Smt. Gavari expired and the case proceeded against the appellant only. The learned Sessions Judge Pali charge-sheeted the appellant for the offence under section 302 IPC and recorded his plea. He denied the charge and claimed to be tried. In order to substantiate its case prosecution examined 15 witnesses in all The appellant in his statement under section 313 Cr. PC took the plea that when he was grazing cows in the field of Haste Sargara. Bhagirath deceased went there and started beating on the pretext he had giv