The right of private defense is available to ward off imminent, unintended danger rather than as a shield for initial aggressors. In cross-case scenarios, each case must be adjudicated independently based solely on the evidence documented within that specific trial record.

JUDGMENT :

SANJIV KUMAR, J.

1. This Criminal Appeal has been preferred by appellants/convicts, Ram Daras, Jai Nath, Hari, Gulab and Bhikhari, under Section 374(2) Code of Criminal Procedure, 1973, (‘in short’ Cr.P.C.), against the judgment and order dated 13.11.1986, passed by Sri Umesh Chandra Mishra, IIIrd Additional Sessions Judge, Ballia, in Sessions Trial No.173 of 1983, under Section 147, 323 read with 149, 308 read with 149 and 324 read with 149 Indian Penal Code, 1860, (in short IPC), Police Station- Bhimpura, District- Ballia.

2. By the impugned judgment and order, dated 13.11.1986, the learned Trial Court has convicted all the appellants for offence punishable under Section 147 IPC to a term of 6 months rigorous imprisonment; under Section 323 read with 149 IPC to a term of 9 months of rigorous imprisonment; for offence under Section 308 read with 149 IPC to a term of 3 years of rigorous imprisonment and it was directed that all the sentences shall run concurrently. The appellant Ram Daras was acquitted of offence under Section 324 IPC and rest of the four appellants were acquitted of offence under Section 324 read with 149 IPC.

3. During the pendency of this appeal appellants Ram Daras, Hari, Gulab and Bhikhari have died and the appeal stands abated against them vide order dated 18.02.2026. Now, this appeal survives only on behalf of appellant no.2 Jai Nath.

4. Brief facts of the prosecution case are that first informant Sekha son of Dev Nandan, resident of Village- Chak Habsapur, Police Station- Bhimpura, District- Ballia, submitted a written application (tehrir) (Ext. Ka-1), before SHO, Police Station- Bhimpura, District- Ballia, stating therein that on the 14.06.1982 at about 08:00 a.m. his son Kailash was repairing his hut’s wall which had collapsed due to rain. Suddenly, Ram Daras, Jai Nath both sons of Bhikhari Lohar and Hari, Gulab both sons of Sukhari Lohar and Bhikari son of Sitaram threw his son Kailash into small pond (gadhai) after assaulting him with lathis. Upon alarm when he reached at the spot, his son was already beaten up. Upon his cry, Indrasan and Singhasan both sons of Gobari Lohar came running, thereupon, Ram Daras attacked Singhasan with a spear (bhala) causing him hurt over his left hand and also to Indrasan with lathis. Upon their alarm Raj Kumar son of Deu, Ganpat son of Neur and many other persons reached at the spot and intervened. Upon this information an FIR in Case Crime No. 21 of 1982, under Sections 147, 148, 324 and 323 IPC was lodged on 14.06.1982 at 09:30 a.m. against the appellants.

5. The investigation was conducted by S.I. Rajiv Rai, who recorded the statements of first informant and other witnesses, inspected the place of occurrence and prepared the site-plan. The injured were medically examined and after collecting evidence the I.O. has filed charge-sheet under Sections 147, 148, 323, 324 and 308 IPC against all the five appellants.

6. The concerned Court took cognizance of the offence and summoned the accused. They appeared and copies of relevant prosecution papers were furnished to them under Section 207 Cr.P.C. and thereafter the case was committed to the Court of Sessions for trial.

7. The accused appeared before the learned Sessions court, where charge under Section 148, 323 read with 149; 324 and 307 read with 149 IPC was framed against appellant Ram Daras and charge under Sections- 147, 323 read with 149, 324 read with 149, 307 read with 149