A person has the right of private defence of his person against any offence affecting the human body, including the right to use force to defend himself or others from an assault that may reasonably cause grievous hurt or death.

MEHTA, J. :- The prosecution story, in brief, is that on October 12, 1967, at about 8 P. M., when the two brothers Harnendra Singh and Bayant Singh, sons of Jodh Singh, were taking their meals in their house in village 12 F. F., they heard the shouting of the three persons Guljara Singh, Singhara Singh, sons of Kishan Singh, and Mit Singh son of Sohan Singh as also that of Darbara Singh (deceased), son of Kishan Singh. Both Harnendra Singh and Bayant Singh came out of their house and saw the above named persons on the culvert at a distance of about 5 "Paundas". Guljara Singh and his partymen challenged Harnendra Singh and Bayant Singh and asked them to proceed forward. Thereupon Bayant Singh hurled abuses at them. Darbara Singh, Mit Singh and Singhara Singh were empty handed. The accused Guljara Singh was armed with a 12 bore gun. Guljara Singh fired his gun at Bayant Singh hitting him on his hand. He again fired his gun hitting Bayant Singh at his left flank, as a result of which he fell down. Harnendra Singh, Jeet Singh, Sukhvender Singh and Bachan Singh took Bayant Singh inside their house. Later on, he was taken to the railway station, Jorawar-Singhpura, in a bullock cart. He was then taken to Karanpur by train to get medical aid. The Doctor, incharge of the Government Dispensary, Karanpur, was not available. He was, therefore, taken to a private practitioner Sardar Apar Singh, who is now dead. Harender Singh then went to the police station, Karanpur and lodged first information report Ex. P-1. The police registered a case and started investigation. The Sub-Divisional Magistrate, Karanpur, was approached by the police to record dying declaration of Bayant Singh. Bayant Singh, however, refused to make any statement. Dr. Apar Singh advised Harnendra Singh and others to take Bayant Singh to Ganganagar Hospital. When he was being taken in a jeep car, he breathed his last on the way near the village Sahib Singhwala. The dead body of Bayant Singh was brought to Karanpur. The Medical Officer, Incharge Karanpur Dispensary, was out of station. Dr. C. S. Bhati, Medical Officer, Padampur, was requested to conduct the post-mortem examination of the dead body of Bayant Singh.

As a result of the autopsy the following injuries were noticed by the Doctor :-

1. Lacerated wound ½" x 2" on the palmer surface of left thener emminence. No blackening, or scorching or tatooing was present.

2. Gun shot wound of entry with irregular lacerated inverted edges 1½" x 1" chest cavity deep on the fifth left intercostal space middle vicular line. No blackening or scorching was present.

3. Gun shot wound of exit 1/3" x ¼" on the back of the chest left side on the lateral side of the lateral border of left scapula lower edges of the wound were inverted and lacerated. No blackening or scorching or tatooing was present.

Internal :-

The gun shot wound of entry 1½" x 1" x chest cavity deep with a lacerated inverted irregular edges in the fifth intercostal space mid clavicula line communicated with the exit wound 1/3" x ¼" on the back of the chest on the lateral side of the lower part of the left scapula. The gun shots transversed through the pleural cavity and pericardial cavity, injuring the apex of the heart. Inferior surface and lower part of the left lung was coming out through the pleural cavity into the sub-cutaneous tissue. Seven shots were found lodged in an area of 3" x 4" around the exit wound on the left side of the back of the chest. The pericardial and pleural cavity were full of dark blood. Left half of the heart also contained some blood. Right half of the heart also contained some blood. A cork was removed from the chest wound and the seven shots from the back of the chest. Fifth and sixth ribs were fractured in the posterior part. In larynx trachea and right lung nothing abnormal was detected. Liver, spleen and kidney were pale. Bladder was empty. Stomach and small intestines contained food material in the process of digestion. In the opin