The right of private defense is not applicable where there is a reasonable opportunity to seek protection from public authorities, reaffirming the principle of law over private retribution.

1. The two appeals arise out of the same case and may be disposed of by a common judgement. Ten persons were tried by the learned Sessions Judge of Nellore for alleged offences under S.147, S.148, S.302 read with 34, 302 read with 149 etc., Penal Code, A - 1 to A - 8 and A - 10 were acquitted of all charges while the ninth accused was convicted of an offence under S.304, Penal Code but acquitted of other charges. The 9th accused who was sentenced to 7 years rigorous imprisonment for the offence under S.304 is the appellant in Criminal Appeal No. 455 of 1967 while all ten accused are respondents in Criminal Appeal No. 676 of 1967, which is an appeal filed by the State against the several acquittals recorded by the learned Sessions Judge on various charges.

2. The facts of the case are briefly as follows :
P.W. 6, Sakamuri Chinnamma is the widow of Venkatasubbaiah, brother of the 1st accused. Soon after her husband's death about ten years prior to the occurrence Chinnamma went to live with her parents in Cuddapah District leasing out her properties in her husband's village to the 1st accused. As she was experiencing considerable difficulty in realising from the 1st accused the maktha due to her she returned to her husband's village about one and a half years prior to the occurrence. She lived for a short time in the house of the 1st accused, but later lived separately by herself. There were disputes between P.W. 6 and A - 1 regarding possession of the lands belonging to P.W. 6. In particular there was a dispute in respect of 11/2 acres of garden land. P.W. 6 complained to A - 6 and A - 7, elders of the village, that A - 1 was giving her trouble with regard to possession of 11/2 acres of garden land. She was asked by them to pay a sum of Rs. 30 to A - 1 as compensation for the cultivation operations done by him and take possession of the land. Thereafter P.W. 6 leased the garden land to the deceased, Chandra Chinna Venkatasubbiah, who sowed horsegram in the land. Nonetheless A - 1 and A - 2 ploughed away the land ignoring the lease in favour of deceased. The deceased, thereupon, save up the lease presumably because he did not want any trouble from A - 1 and A - 2. P.W. 6 herself cultivated the land and about a week prior to the occurrence she and the wife of A - 1 exchanged words when she found A - 1's wife in the garden land removing grass. A.1's wife went home and returned with A - 1 and A - 2 and they beat P.W. 6. P.W. 6 preferred a complaint to the First Class Magistrate at Atmakur against A - 1 and A - 2 and the wife of A - 1, and on 30-11-66 the learned Magistrate recorded her sworn statement in connection with her complaint.

3. P.W. 6 is admittedly entitled to a half share in a pasture land known as Sakamurivari Beedu in which the 1st accused owns the other half share. According to P.W. 6 and other prosecution witnesses the Beedu was partitioned even during the lifetime of the husband of P.W. 6 and the southern half share of the extent of 41/2 acres fell to the share of P.W. 6's husband. It is the case of the prosecution that there is a row of babul and other trees demarcating the shares of P.W. 6 and A - 1, while the case of the accused is that the beedu was never partitioned by metes and bounds. While it is the case of the prosecution that on 19-11-66 P.W. 6 leased the pasturage rights in her share of the Beedu to the deceased Chandra Chinna Venkatasubhiah for a sum of Rs. 40, it is the case of the 1st accused that he has been the lessee of P.W. 6's undivided half share in the pasture land for several years paying an annual rent of Rs. 20. On the morning of 1-12-1966 at about 10 A.M. the deceased and his younger brother Chandriah, P.W. 2, took their five bulls to the Sakamuri vari Beedu for grazing. At about 12 noon the ten accused came to the Beedu, A - 2 being armed with an axe, A - 1 and A - 6 to A - 10 with spears and A - 3 to A - 5 with sticks. It may be mentioned here that A - 2 is the undivided son of A - 1, while th