IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
PANKAJ BHANDARI, BHUWAN GOYAL, JJ.
Sukh Dev Singh S/o Succha Singh – Appellant
Versus
State of Rajasthan – Respondent
D.B. Criminal Appeal No. 474 of 2018, D.B. Criminal Appeal Nos. 996, 1315, 2214 of 2017
Decided On : 07-08-2023
Indian Penal Code, 1860 - Sections 143, 147, 148, 149, 323, 341, 324, 326, 307, 302 - Criminal Procedure Code, 1973 - Section 313 - Arms Act - Section 3/25 - Attempt to murder - Offence of murder - Default of payment - Supplementary challan - Criminal Appeal - Held, Court are, therefore, of considered view that accused side and complainant side who were belonging to same lineage had a dispute pertaining to land, which was being tilled by and in exercise of their right of private defence of body as well as property, injuries were caused by accused side - Fact that complainant side caused injuries to accused is also evident, as they have been convicted by learned Trial Court vide its judgment and order - Allowed.
JUDGMENT :
PANKAJ BHANDARI, J.
1. Since controversy involved in the bunch of these criminal appeals arises out of the same incident; the same are being decided by this common judgment.
2. The appellants have preferred these appeals aggrieved by the judgment of conviction and order of sentence dated 17.05.2017 whereby appellants were acquitted for the offence under Sections 323, 323/149, 307, 307/149 and 341 of IPC and convicted and sentenced as hereunder:
(i) For offence under Section 148 IPC - 2 years rigorous imprisonment and fine of Rs.1,000/- and in default of payment of fine, to further undergo 1 month rigorous imprisonment.
(ii) For offence under Section 302 IPC - Life Imprisonment and fine of Rs.5,000/- and in default of payment of fine, to further undergo 6 months rigorous imprisonment.
(iii) For offence under Section 326/149 IPC - 7 years rigorous imprisonment and fine of Rs.2,000/- and in default of payment of fine, to further undergo 2 months rigorous imprisonment.
(iv) For offence under Section 324/149 IPC - 3 years rigorous imprisonment and fine of Rs.1,000/- and in default of payment of fine, to further undergo 2 months rigorous imprisonment.
(v) For offence under Section 3/25 Arms Act - 3 years rigorous imprisonment and fine of Rs.1,000/- and in default of payment of fine, to further undergo 1 month rigorous imprisonment.
All the sentences were directed to run concurrently.
Appellants-Munsha Singh, Amar Singh, Smt. Rukman Kaur, Gurudev Singh, Succha Singh and Kulwant:
(i) For offence under Section 148 IPC - 2 years rigorous imprisonment and fine of Rs.1,000/- and in default of payment of fine, to further undergo 1 month rigorous imprisonment.
(ii) For offence under Section 302/149 IPC - Life Imprisonment and fine of Rs.5,000/- and in default of payment of fine, to further undergo 6 months rigorous imprisonment.
(iii) For offence under Section 326/149 IPC - 7 years rigorous imprisonment and fine of Rs.2,000/- and in default of payment of fine, to further undergo 2 months rigorous imprisonment.
(iv) For offence under Section 324/149 IPC - 3 years rigorous imprisonment and fine of Rs.1,000/- and in default of payment of fine, to further undergo 2 months rigorous imprisonment.
All the sentences were directed to run concurrently.
3. Succinctly stated the facts of the case are that a written report (Exhibit-P1) was lodged by complainant - Prakash Kaur wife of Charan Singh on 27.09.2012 at Police Station Jurhara, District Bharatpur, Rajasthan, which reads as under:
The right of private defense under IPC Sections 100 and 102 was upheld, leading to the acquittal of the accused as they acted in self-defense during the incident.
Point of Law : It is well established law that while exercising right of private defence, it is not required that defence be modulated step by step.
The main legal point established in the judgment is that while individuals have the right to private defence of their property, causing death in excess of this right constitutes an offence under the ....
The court established that the accused acted in self-defense against an unlawful assembly, leading to their acquittal despite initial convictions.
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