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2006 Supreme(Raj) 1979
Rajasthan High Court, Jaipur Bench
Honble SHIV KUMAR SHARMA, J. Honble CHATRA RAM JAT, J.
Girvar Singh & Ors. - Appellant
Versus
State of Rajasthan - Respondents
D.B. Criminal Appeal No. 1663 of 2002
Decided On : July 19, 2006
Praveen Balwada, Giriraj Singh, Suresh Dhanwal, Rohitash Chaudhary, for Appellants R.P. Kuldeep, Public Prosecutor for State N.A. Naqvi, for Complainant
Headnote:Penal Code, Secs. 97, 302/149, 326/149, 324/149, 323, 148 – Right to private defence – Common intention – Complainant party was aggressor – Held – While acting in exercise of right of private defence, the appellants cannot be said to be motivated by a common intention to commit a criminal act – Common act has relevance only to the offence and not to the right of private defence – Appellant received grievous injury on head which remained unexplained – `G & `R acted for in excess of the right of private defence – Guilty u/S. 304 II, 323, 324, 326 read with Sec. 34 IPC. (Paras 15 to 17)
u/S. 302/149 IPC:
Each to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for three months.
u/S. 326/149 IPC:
Each to suffer rigorous imprisonment for five years and fine of Rs. 300/-, in default to further suffer simple imprisonment for one and a half month.
u/S. 324/149 IPC:
Each to suffer rigorous imprisonment for one year and fine of Rs. 200/-, in default to further suffer simple imprisonment for one month.
u/S. 323 IPC:
Each to suffer imprisonment for three months and fine of Rs. 100/-, in default to further suffer simple imprisonment for fifteen days.
u/S. 148 IPC:
Each to suffer rigorous imprisonment for six months and fine of Rs. 200/-, in default to further suffer simple imprisonment for fifteen days.
The substantive sentences were ordered to run concurrently.
(2). Put briefly the prosecution case is as under:-
On October 2, 1999 Smt. Bharpai Bai (PW. 3) submitted a written report (Ex. P. 1) at Police Station Bansoor to the effect that on the said day around 8 AM her husband Shakti Dan Singh (since deceased) and son Dilip Singh were going to their field for cultivating the same on a tractor belonging to Kailash Jat. On the way Girvar Singh, Bhairo Singh, Ratan Singh, Bhanu and their ladies Gita, Kamla Bina and Kunti assaulted Shaktidan Singh and Dilip Singh and started beating them. When Munesh (grant daughter of Shakti Dan Singh) tried to save Shakti Dan Singh she was also beaten up. Shakti Dan Singh died on the spot. On that report police station Bansoor registered a case and investigation commenced. Necessary memos were drawn. Statements of witnesses were recorded. Dead body was subjected to autopsy. The appellants were arrested and on completion of investigation charges sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Behror. Charges under Sections 148, 302, 302/149, 307, 326, 324 and 323 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 26 witnesses. In the explanation under Section 313 Cr.P.C., the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.
(3). We have heard the contentions raised before us and with the assistance of learned counsel perused the record.
(4). Death of deceased Shaktidan Singh was undeniably homicidal in nature. As per autopsy report (Ex. P. 12A) following ante mortem injuries were found on the dead body:-
1. Incised wound 5 cm x 2 cm x 2 cm on Lt. parietal & occipital region there is clear cut fracture of parietal bone.
2. Lacerated wound 5 cm x 1 cm x 1 1/2 cm at junction of Rt. & Lt. Parietal region.
3. Lacerated wound 5 1/2 x 2 cm x 1 cm on Rt. parietal region.
4. Incised wound 6 cm x 1/2 cm x 1cm below the Rt. ear on neck.
5. Incised wound 6 1/2 cm x 2 cm x 1 cm on Lt. side below ear to Lt. mandible Lt. 1 cm. leg there is clear cut fracture of Lt. tibia & Fibula.
6. Lacerated wound 5 cm x 2 cm x 1/2 cm below Rt. knee joint.
7. Incised wound 2 1/2 cm x 1 cm x 1/2 cm on epigestric region.
8. Lacerated wound 3 cm x 3/4 cm x 1/2 cm on Rt. side of abdomen.
9. Bruise, position size 7 cm x 2cm on Rt. scapular region.
6cm x 2 1/2 cm on Lt. scapular region.
1. Incised wound 5 cm x 2cm x 2cm on Lt. parietal region of scalp.
2. Lacerated wound 5 cm x 1 cm x 1 1/2 cm at junction of Rt. & Lt. parietal.
3. Lacerated wound 5 1/2 x 2 cm x 1 cm on Rt. parietal region of scalp.
4. Incised wound 6 cm x 1 1/2 x 1cm below the Rt. ear of neck.
5. Incised wound 6 1/2 cm x 2cm x 1 cm on Lt side of neck below ear.
6. I
