Point of Law : Criminal Trial - Private defence - The law of private defence does not require that the person assaulted or facing an apprehension of an assault must run away for safety. It entitles him to defend himself and law gives him the right to secure his victory over his assailant by using necessary force.

JUDGMENT :

Syed Aftab Husain Rizvi, J.

1. Heard Sri Sikandar B. Kochar, learned counsel for the appellants and Sri Ajeet Ray, learned A.G.A. for the State.

2. This criminal appeal has been filed against the judgment and order dated 27.02.1982 passed by IV Additional Session Judge, Muzaffarnagar in S.T. No 259 of 1981, convicting and sentencing the appellant Mahabir, Krishan Pal, Daulat, Topi, Ghasita, and Dharma to 2 years rigorous imprisonment under Section 148 and life imprisonment under Section 302 I.P.C. read with Section 149 I.P.C. Both the sentences shall run concurrently.

3. In brief, the prosecution case is that on 10.03.1980 at about 10:15 a.m. a Case Crime No.70 under Section 148, 149, and 302 I.P.C. was registered at Police Station- Bhopa, District- Muzaffarnagar on an application of Ram Gopal dated 10.03.1980. It was alleged in the application that to construct the houses for weaker sections a unanimous resolution was passed by the Gram sabha Wazirabad, for which a meeting was held a month earlier and plots were already allotted, 32 beneficiaries were selected for the construction of houses and Jagmohan was also included in it and his house was also to be constructed. Jagmohan has laid the foundation of his house, a day before. On 10.03.1980 at about 09 a.m. Jagmohan was raising construction on the foundation. Co- villagers, Mahabir holding a Lathi, Krishan Pal holding a Ballam, Daulat holding a Tabbal, Topi holding a Ballam, Ghasita holding an axe, and Dharma holding a Bhala in their hands came abusing and started dismantling the foundation. In the meantime, the brother of the complainant Harnam also reached the spot. Harnam and Jagmohan both forbade the accused from abusing and dismantling the foundation. Accused suddenly pounced upon Harnam and started to beat him with the weapons in their hands. Devi Sahai, Rehala Das, and Tilak Ram tried to save Harnam but the accused continued to beat him due to which Harnam suffered serious injuries on his head, mouth, forehead, neck, chest, and abdomen. Jagmohan and Harnam also wielded lathi in defence. Harnam became unconscious and fell down due to injuries suffered by him and died on the spot. As his body was warm he was taken to Government hospital Morna in a horse carriage but the doctor was not present there then he was carried to Bhopa hospital where the doctor declared him dead. The incident was narrated by Jagmohan to the complainant and he has come to lodge the report leaving the dead body of Harnam in the horse carriage at Bhopa hospital and Jagmohan is beside the dead body.

The investigation commenced and the Investigating Officer on the same day recorded the statement of the complainant and came to Bhopa hospital, appointed S.I. Shyam Dhan Gupta for inquest who conducted the inquest proceedings and sent the body for post-mortem examination. Investigating Officer recorded the statements of other witnesses, arrested the accused, and sent them to the police station. Thereafter he searched the houses of the accused and recovered a blood-stained lathi from the house of accused Mahabir and a blood-stained Tabbal from the house of the accused Daulat, sealed it, and prepared its memo. Investigating Officer also visited the place of occurrence and prepared the site plan and collected bloodstained soil and plain soil and sent the articles for chemical examination. Thereafter on different dates recorded the statements of other witnesses and after completion of investigation submitted the charge sheet against all the six accused persons named in the F.I.R. under Section 147, 148, and 302 I.P.C.

4. The learned Trial Court framed charges against the accused Mahabir, Krishan Pal, Daulat, Topi, Ghasita, and Dharma under Sections 148, 302 read with Section 149 I.P.C. Accused pleaded not guilty and claimed for trial. The prosecution produced eight witnesses who have proved 15 papers as Ex.Ka-1 to 15 and 4 material exhibits. The statements of the accused were recorded under Secti