Back
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Sandeep Mehta,Rameshwar Vyas, JJ.
Prempal - Appellant
Versus
State Of Rajasthan - Respondent
D.B. Criminal Appeal No. 660/2017
Decided on : 26-08-2021
Private Defence - Criminal Law - Sec. 302, 341, 323, 325, 34 IPC - The judgment discusses the exercise of the right of private defence by the accused, the excessive use of force, and the application of Sec. 34 IPC. The court altered the conviction of the appellant Prempal from Sec. 302 IPC to Sec. 304 Part I IPC and acquitted the remaining offences. The accused appellants Munni Devi and Sonu were acquitted of the charges.
Fact of the Case:
The appellants were convicted for assaulting the complainant and his son, resulting in the death of the son. The appellants claimed self-defence, alleging that they were attacked first. The prosecution witnesses alleged that the appellants initiated the assault.
Finding of the Court:
The court found that the accused party acted in the exercise of the right of private defence but exceeded the same, altering the conviction of the appellant Prempal and acquitting the remaining offences. The accused appellants Munni Devi and Sonu were acquitted of the charges.
Issues: The main issue was whether the accused acted in self-defence or exceeded the right of private defence, leading to the death of the victim.
Ratio Decidendi: The court held that the accused party were acting in the exercise of the right of private defence but exceeded the same, altering the conviction of the appellant Prempal and acquitting the remaining offences.
Final Decision: The conviction of the appellant Prempal was altered to Sec. 304 Part I IPC and he was sentenced to eight years RI and a fine. The accused appellants Munni Devi and Sonu were acquitted of the charges.
JUDGMENT
Sandeep Mehta, J.:--
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:-
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 charge- sheet 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
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
