The right of private defence must not be exceeded; excessive force leads to culpable homicide under Section 304 IPC.

JUDGMENT :

Hon. Shiv Shanker Prasad, J.

1. Heard Mr. J.P. Tripathi, learned A.G.A. for the State and Mr. Nikhil Kumar, learned counsel for surviving accused-respondents as well as perused the record.

2. The instant Government Appeal is directed against the judgment and order dated 16th May, 1983 passed in Sessions Trial No. 138 of 1981 (State Vs. Nanda & 3 Others) arising out of Case Crime No. 106/81 of 1981 (71 of 1981), under Sections 324, 307 and 302 of I.P.C., Police Station-Machhali Shahr, District-Jaunpur, whereby the accused Nanda, Ram Siromani, Ram Janak, Ram Lagan have been acquitted of the charges levelled against them as the prosecution has failed to prove its case against the accused beyond reasonable doubt.

3. During the pendency of the instant Government Appeal, one of the accused-respondent, namely, Nanda has already expired and the instant Government Appeal qua accused-respondent Nanda has been abated by this Court vide order dated 6th October, 2021.

4. The prosecution case as borne out from the records of the present government appeal is that on a written report given by the informant/P.W.-1 Ram Murat (Ram Murti Patel) dated 8th July, 1981 (Exhibit-ka/1), first information report (Exhibit-Ka/7) came to be registered on 8th July, 1981 at 1650 hrs. (04:50 p.m.) at Police Station-Machhali Shahr, District-Jaunpur against the accused Nanda, Ram Siromani, Ram Janak, Ram Lagan under Sections 324, 307 and 302 of I.P.C. In the written report, it has been alleged by the informant/P.W.-1 that he was a resident of Viillage- Madhupur, Police Station- Badshahpur, Ditrict-Jaunpur. He lived with his family at Nandlal house, who was his maternal grandfather situated in Village Bhatadih, Police Station-Machhili Shahr, District-Jaunpur. The house of his cousin maternal uncle, namely, Jagannath was adjacent to his house. The sump (Nabdan) of his house was on the east side of the house. The sump (Nabdan) used to flow in front of the house of accused Nanda and then turn towards north going towards the fields. On 8th July, 1981, at around 01:00 p.m., when the accused Nanda along with his sons, namely, Ram Janak, Ram Shiromani and Ram Lagan was blocking the drain (Nali) of their sump, Jagannath forbade them, on which the accused ran towards him to beat him then Jagarnath raised an alarm, on which the informant/P.W.-1, his father-in-law Nanda Lal, his mother Smt. Piyari, mother of Jagarnath, namely, Smt. Angani rushed to rescue him. In the meanwhile, the accused Ram Janak, Ram Shiromani and Ram Lagan, who had pushed maternal grandfather of the informant, namely, Nand Lal on the ground, also started assaulting him. The accused Ram Lagan with a stick, whereas the accused Ram Shiromani and Ram Janak assaulted the maternal grand-father of the informant with knives. The accused Nanda assaulted his mother with Lathi due to which she sustained injury on her back. The accused Ram Janak assaulted the mother of Jagarnath with knife due to which she sustained injuries on her hand. On hearing the alarm of informant’s side, Ram Bahore and Babu Lal @ Kabu arrived and saw the occurrence and they scolded the accused. Due to the injuries caused by the accused, his maternal grand- father Nand Lal and his maternal uncle Jagarnath died on the spot. Their dead bodies were taken to the Police Station with the help of villagers through Eekka.

5. After lodging of the first information report, P.W.-9 Rajendra Singh Chauhan, who was the then Station House Officer of Police Station-Machhalishahr, prepared the inquest report of the dead bodies of the deceased Nand Lal and Jagarnath and other papers required for post-mortem. After keeping the dead bodies of both the deceased in sealed covers, the same was sent to the Mortuary for post-mortem through Constable Jata Shanker Mishra (P.W.-8) and Ram Shanker Singh. P.W.-9 the Investigating Officer, namely, Rajendra Singh Chauhan recorded the statement of informant/P.W.-1 at the Police Station. Thereafter P.W.9 reached the p