Point of Law: Injuries caused to the accused Prempal were not life threatening, while inflicting the blow on the head of the deceased Krishnapal, the accused Prempal definitely exceeded the right of private defence as the injury caused on the head of Krishnapal was disproportionate and thus, his case could fall under Exception 2 provided under Sec. 300 IPC

JUDGMENT :

MEHTA, J.

1. The appellants herein have been convicted and sentenced as below vide Judgment dated 02.03.2017 passed by learned Additional Sessions Judge No.1, Behror in Sessions Case No.11/2016:-

“Convicted accused Prempal under Sec. 302 IPC whereas accused Sonu & Munni under Sec. 302/34 IPC: Sentenced to undergo imprisonment for life and to pay fine of Rs.1,00,000/-, in default of payment of fine to further undergo simple imprisonment for two years;

Convicted accused Prempal under Secs.341 IPC whereas accused Sonu & Munni Devi under Sec. 341/34 IPC: Sentenced to undergo simple imprisonment for three months and to pay fine of Rs.250/-, in default of payment of fine to further undergo simple imprisonment for ten days;

Convicted accused Prempal under Sec. 323 IPC whereas accused Sonu & Munni Devi under Sec. 323/34 IPC: Sentenced to simple imprisonment for six months and to pay fine of Rs.500/-, in default of payment of fine to further undergo simple imprisonment for one month;

Convicted accused Prempal under Secs. 325 IPC whereas accused Sonu & Munni Devi under Sec.325/34 IPC: Sentenced to simple imprisonment for three years and to pay fine of Rs.10,000/-, in default of payment of fine, to further undergo simple imprisonment for six months.

2. Being aggrieved of their conviction and the sentences awarded to them by the trial court, the appellants have approached this Court by way of this appeal under Section 374 (2) CrPC.

3. Succinctly stated facts relevant and essential for disposal of this appeal are noted hereinbelow.

4. A Parcha Bayan (Ex.P/10) of Mahendra Pal (PW12) was recorded by Tej Raj Singh (PW-20), SHO Police Station Behror on 28.09.2013 wherein, the witness alleged that on the same day at about 7.00 AM, his brother i.e. the accused appellant Prempal and his family members assaulted him. After this incident, the informant along with his son Krishnapal were returning home and had reached the old bus stand at Behror and were proceeding towards their fields. At that point of time, Prempal, his son, two daughters-in-law and wife Munni who were reaping bajra crops in their fields accosted the complainant and his son. Prempal and his daughter-in-law Asha were armed with axes and his wife Munni, son Sonu and son’s wife were armed with ‘Bakdis’. These accused persons launched an indiscriminate assault on the complainant and his son Krishnapal by their respective weapons. Prempal gave blow on the head of Krishnapal with an axe, Asha also gave blows with the axe to the complainant and his son Krishnapal on the head, hands and chest. The remaining accused persons assaulted them with ‘Bakdis’. The incident was seen by the neighbours Omprakash S/o Ramdayal (PW-14) and other persons. The villagers brought the complainant and his son to Kailash Hospital, where Krishnapal erupted as a result of the injuries inflicted to him.

5. On the basis of this Parcha Bayan, an FIR No.718/2013, came to be registered at Police Station Behror for the offences punishable under Sections 147, 148, 149, 323, 341, 302 and 447 IPC and investigation was commenced. The dead body of Krishnapal was subjected to autopsy by a Medical Board constituted at Government Hospital, Behror, which issued the postmortem report (Ex.P/3), taking note of an incised wound on the right parieto-occipital region and another incised wound on the right upper side of the chest of the victim. An opinion was expressed by the board that the head injury led to haemorrhagic shock resulting into death of Krishnapal. After concluding investigation, the Investigating Officer proceeded to file a chargesheet against the appellants herein whereas the accused Asha was found to be innocent and was exonerated. It is relevant to mention here that the prosecution did not make any effort for summoning Asha as an additional accused in this case. The case was committed to the court of Additional Sessions Judge No.1, Behror, District Alwar for trial where charges were framed against the accused a