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IN THE HIGH COURT OF ALLAHABAD
P. N. Goel and R. B. Lal, JJ.
KANCHAN AND ORS. - Appellant
Versus
STATE OF U.P. - Respondents
. . Of .
Decided On : 05/07/1982
CRIMINAL APPEAL - Right of Private Defence - Land Dispute - Appellants convicted for rioting, murder, and other offences - Appellants claimed right of private defence of person and property - Court held that appellants had no right of private defence and dismissed the appeal.
Fact of the Case:
The appellants were convicted for rioting, murder, and other offences arising from a land dispute. The appellants claimed that they had a right of private defence of person and property.
Finding of the Court:
The court found that the appellants had no right of private defence of person or property. The court held that the appellants constituted an unlawful assembly, that they had no right of private defence of person or property, and that each of the appellants is vicariously liable for the acts of his companions.
Issues: 1. Whether the appellants had a right of private defence of person? 2. Whether the appellants had a right of private defence of property? 3. Whether the appellants were vicariously liable for the acts of their companions?
Ratio Decidendi: 1. The court held that the appellants had no right of private defence of person because they did not receive any injuries and did not have any deadly weapons. 2. The court held that the appellants had no right of private defence of property because they did not have recourse to the protection of the public authorities and they inflicted more harm than was necessary to protect their property. 3. The court held that the appellants were vicariously liable for the acts of their companions because they constituted an unlawful assembly.
Final Decision: The appeal was dismissed and the order of conviction passed by the Sessions Judge was affirmed.
( 1 ) THIS appeal is directed against the order dated 3-11-1976 passed by the Sessions Judge, mainpuri, in Sessions Trial No. 424 of 1975 convicting and sentencing the appellants for the offences of rioting punishable under Sections 147, 148 and murder etc. , punishable under sections 302/149, 307/149, 324/149 and 323/149 of the Indian Penal Code.
( 2 ) THE fate of this case hinges on a short point, viz. whether the victims of the assault were justified in transplanting/sowing paddy in the land in dispute on the date and time of occurrence i. e. 10-8-1975, 11 A. M.
( 3 ) IN the occurrence 4 persons Mahendrapal, Babu Ram, Netrapal and Bhagirath lost their lives. Six persons Jaipal, Tota Ram, Rajpal, Haghubir, Salig Ham and Rameshwar received injuries,
( 4 ) ACCORDING to the prosecution Udal Singh, Tara Singh, Bhagwan Singh, appellants 2 to 4 had country made pistols, Chhadami, appellant 5 a gun, Lala Ram, Amar Singh appellants 6, 9 spears, Panna Lai, appellant 7 Pharsa, Bhupal, Nand Ram, appellants 8, 10 swords and kan-chan, appellant l a lathi. Chhadami shot Mahendrapai and caused his death. Bhagwan Singh shot Babu Ram and caused his death. Tara Singh shot Netrapal and caused his death. Udal shot bhagirath who died in the village Abadi and not on the spot. The appellants having firearms continued to fire. The other appellants assaulted the 6 persons Jaipal and others, who received injuries.
( 5 ) KALICHARAN (P. W. 1) lodged first information report at police station Fariha at 2-30 P. M. on the date of occurrence. The police station is 4 miles from Nagla Arapur, hamlet of Bhikam-pur in which the occurrence took place. The appellants are residents of the adjoining hamlet i. e. Nagla kiru, hamlet of Bhikampur. The 6 injured were taken to S. N. M. Hospital Firozabad by Fateh singh and Mani Ram. Dr. C. K. Sharma, Eye Surgeon of the said hospital examined them between 5 and 6-10 P. M. on the date of occurrence.
( 6 ) ON the person of Salig Ram one incised wound 10 cm. x 2 cm. x bone on back of right shoulder oblique was found.
( 7 ) ON the person of Raghubir Singh 7 injuries detailed below were found:
1. Lacerated wound 2 cm x 0. 5 cm x skin on left side of forehead, l cm above left eyebrow outer angle. 2. Abrasion 2 cm x 0. 5 cm on left side middle of nose. 3. Multiple gun shot wounds of entry and abrasion 16 cm x 15 cm on right shoulder, average size 0. 25 cm x 0. 25 cm x skin and muscles-inverted margins. 4. Gun shot wound 9. 25 cm x 0. 25 cm x muscles on right cheek in lower jaw inverted margins. 5. Contusion 4 cm x 2 cm on back of left forearm transverse below elbow joint. 6. Contusion 3 cm x 2 cm on the back of left face lower 1/3rd. 7. Gun shot wounds of entry, 6 in number, each 0. 25 cm x 0. 25 cm x muscles on the front of right leg and knee in area of 14 cm x 6 cm inverted margins.
( 8 ) ON the person of Rajpal there were 3 injuries detailed below:
1. Penetrating wound 1 cm x 0. 75 cm x chest cavity On right side chest, 18 cm below in anterior auxiliary line. 2. Abrasion 0. 2 cm x 0. 2 cm on left thigh front and lower part. 3. Swelling traumatic 3 cm x 2 cm on left thumb nail.
( 9 ) ON the person of Tota Ram 5 injuries detailed below were found:
1. Contusion 17 cm x 2 cm across mid-line upper part of chest-transverse. 2. Contusion 8 cm x 2 cm on left side back middle part oblique. 3. Lacerated wound 4 cm x 1 cm x muscle in web of left thumb. 4. Incised margined punctured wound 1. 5 Cm x 0. 2 cm x muscle on left side lower part of abdomen, 6 cm below umbilicus. 5. Contusion 6 cm x 2 cm on right forearm middle 1/3rd Fracture with upper 1/3rd.
( 10 ) ON the person of Jaipal 2 injuries detailed below were found:
1. Abrasion 0. 25 cm x 0. 25 cm on right though middle. 2. Gun shot wound 0. 2 cm x 0. 2 cm x muscle just below No. 1.
( 11 ) ON the person of Rameshwar one lacerated wound 1 cm x 0. 5 cm x muscle on right side head with contusion 4 cm x 3 cm around it 10 cm above right ear, was found.
( 12 ) SHYAM Bir Singh,
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