Honble MEENA, J. — This appeal is directed against the judgment dated Aug.29, 1980 passed by the learned Additional Sessions Judge, Deeg in Sessions cases No. 16/80 whereby the appellants were convicted u/s.302 read with sec.34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.200/-each. In default of payment of fine, each of the appellant was further awarded three months rigorous imprisonment.

(2). We need not state the facts in detail as we are convinced that the accused appellants deserve to be acquitted on the simple ground of right of private defence of person. We, therefore, narrate only necessary facts.

(3). The houses of the appellants and that of the complainant party are situated in front of each other. Two days prior to the main incident, there was a small incident between the parties and it was that the cow of the deceased Chuttu was assaulted by the bull of the appellant Ashraf whereupon Chuttu inflicted a lathi blow to the bull. Being aggrieved by it, the accused appellant Isar gave a lathi blow on the head of Chuttu and also abused him. The main incident took place before noon on 23.7.79. It is the admitted case that the main incident of 23.7.79 was the off- shoot of the previous incident which had taken place two days prior. In regard to the main incident, the prosecution case is that all the accused persons came to the house of the deceased and assaulted him with lathies. Chuttu became unconscious on account of the injuries and while he was being taken in a bullock cart for his treatment, he breathed his last in the way. The written report Ex.P.I of the incident was made by Mst. Bassi. at Police Station Pahari. On this report, criminal case was registered vide FIR Ex.P.2. During investigation, the post mortem of the dead body was conducted by PW.5 Dr. Santosh Gupta on 24.7.79 vide post mortem report Ex.P.8. As per the post mortem report, the deceased had the following external injuries: —

"1. Traumatic contusion - 4"x4" left side scalp temporal region

2. Lacerated wound- 4"xl/2"x bone deep Right side scalp directed obliquely anterio medially 3"above the fridge of nose

3. Incised wound - 3/4"x o.2"x bone deep on the scalp midline 6" above the fridge of the nose: Directed obliquely

4. Incised wound : l/2"x o.l"x bone deep left side forehead above middle of left eye brow:

5. Lacerated wound - l"xl/2"x bone deep 1" posterior to injury No.3

6. Traumatic contusion - 8"x 6" right base of neck anteriority."

On opening of the skull, the following internal injuries were noticed: —

"External injuries as noted above. Marked effusion of blood present under the injuries as noted: Complete separation of frorito parietal sutures to its full extent:

1. Fracture of right parietal bone medial end anteriorily (Depressed fracture)

2. fracture of left parietal bone (crack) from anteriolateral end to posterioro medial end

3. Depressed fracture- Left parietal bone medio anteriorily: collection of blood clot in between the skull and membrances: Collection of blood clots between the membrances.Patecheal of haemorrhage in brain substance: Huge collection of blood in the base if the skull."

(4). In cross examination, Dr. Gupta admitted that none of the external injuries were sufficient to cause death without internal implications. He also stated that external injury Nos.1,2 and 6 could be caused by a fall on hard object. The cause of death was opined to be the head injuries leading to coma and it was also opined that the injuries were sufficient in the ordinary course of nature to cause death.

(5). The injuries of accused Ashraf and Nasru were medically examined by the same Doctor Santosh Gupta who has appeared as Dw.l to prove the injuries of the accused persons. As per the injury report of Ashraf Ex.D.3, the accused Ashraf had the following injuries on his person: -

"1. Lacerated wound 3/4"x3/4" bone deep scalp mid line 2 1/2 " above the fridge of nose.

2. Abrasion: 0.2"x 0.2" left forearm upper and outer part.

3. Complains of pai

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