Right of private defence is a defensive right.

(Prayer: Appeal against the judgment passed by the learned I Additional Sessions Judge, Dharmapuri District at Krishnagiri, in S.C.No.164 of 2002 dated: 5.11.2003.)

M. Chockalingam,J

The appellants, five in number, have challenged the judgment of the learned I Additional Sessions Division, Krishnagiri, made in S.C.No.164 of 2002, whereby, the appellants/accused stood charged as follows: -

A-1 and A-3 were charged under Section 148 IPC., while A-2, A-4 and A-5 were charged under Section 147 IPC. A-1 and A-3 were also charged under Section 302 IPC. while A-2, A-4 and A-5 were charged under Section 302 read with 149 IPC. A-1 was also charged under Section 324 IPC., while A-2 to A-5 were charged under Section 324 read with 149 IPC. On trial, A-1 and A-3 were found guilty under Section 148 IPC. and sentenced to undergo three years rigorous imprisonment and A-2, A-4 and A-5 were found guilty under Section 147 IPC. and sentenced to two years rigorous imprisonment. A-1 and A-3 were also found guilty under Section 302 IPC. and awarded life imprisonment, while A-2, A-4 and A-5 were found guilty under Section 302 read with 149 IPC. and awarded life imprisonment, and they were also directed to pay a fine of Rs.1000/- each, in default, to undergo one year rigorous imprisonment. A-1 was also found guilty under Section 324 IPC. and awarded three years rigorous imprisonment and A-2 to A-5 were found guilty under Section 324 read with 149 IPC. and sentenced to three years rigorous imprisonment.

2. The short facts necessary for the disposal of this appeal can be stated thus: -

i.P.W.2 is the wife of the deceased. P.Ws.3 and 4 are the daughters. A-1 is the brother of the deceased, while A-1 and A-2 are the parents of A-3 to A-5. Another accused, by name, Rajavelu, who was shown as A-6, died pending investigation.

ii.On the date of occurrence, viz., on 8.11.1997, the deceased, his son and his daughter, P.W.3, went to graze the cattle. At about 8.30 a.m., on hearing the cry of P.W.3, P.Ws.2 and 4, rushed to the place, where, they found the entire incident, in which, A-1 attacked the deceased with a crowbar on his head, A-3 attacked him with a stick, while A-2, A-4 and A-5 fisted him with hands. The deceased fell down. In order to save him, P.W.4, the daughter of the deceased, intervened in the quarrel and she was attacked by A-1 with a crowbar. P.W.4 was also attacked by A-3 in the same transaction. All these accused, after the occurrence was over, fled away from the place of occurrence.

iii.Thereafter, P.W.2 along with her son took her husband and P.W.4 to the hospital at Belrampatti. But, on the way, the deceased breathed his last at about 10.00 a.m. P.W.2 left the dead body in a house at Belrampatti and took P.W.4 to the Government Hospital at Palacode.

iv.P.W.2, thereafter, went to the Office of the Village Administrative Officer, P.W.1, at about 10.30 a.m., where she gave a report, which is marked as Ex.P-1, to P.W.1, who also prepared his own report, Ex.P-2, and both the reports were sent to Marandahalli Police Station.

v.P.W.12, Inspector of Police, Marandahalli Police Station, on receipt of Exs.P-1 and P-2, registered a case in Crime No.1055 of 1997 under Sections 147, 148, 323, 324 and 302 of the Penal Code. The express first information report, Ex.P-12, was sent to Court and to the higher officials. Following the same, P.W.12 took up investigation in the case, proceeded to the place of occurrence, made an inspection and prepared an observation mahazar, Ex.P-13 and also a rough sketch, Ex.P-14. Thereafter, he conducted inquest on the dead body and prepared Ex.P-15, the inquest report, in the presence of witnesses and Panchayatdars.

vi.Thereafter, the dead body was sent to Government Hospital, Palacode, where P.W.9, the doctor, who was on duty at that time, conducted autopsy on the dead body and gave his opinion in Ex.P-6, the post-mortem certificate, opining that the deceased died due to shock and haemorrhage.

vii.P.W.4, who was inju