SAT PAL Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-1999-3-4
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 22,1999

SAT PAL Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

SHARMA, J. - (1.) The prosecution story as unfolded in evidence is that on 14-9-1991 the cattle belonging to the accused persons had trespassed in the land of the deceased and caused extensive damage to wheat crop. The deceased had seized the cattle and kept them in his compound. After sometime, Vidya Devi, A-I approached the deceased for return of the cattle. The deceased told her that until the damage is assessed by the Numberdar, he would not allow her to take away the cattle. On this, A-I forcibly took the cattle out of the compound of the deceased. The deceased in order to prevent her from taking away the cattle, intercepted her the village lane, which is the place of occurrence. As he used force to retrieve the cattle, appellants hit him on the head with the lathi which proved fatal. They have been convicted and sentenced to imprisonment for life u/S. 302 read with S. 34 of the Ranbir Penal Code by judgment dated 27-3-1993 passed by the Ist Additional Sessions Judge, Jammu.
(2.) Mr. Thakur appearing for the appellants argued that the trial Court has failed to appreciate the evidence of the prosecution witnesses, who have admitted that the occurrence took place only when the deceased was assaulting the appellant, Vidya Devi in order to prevent her from taking away her cattle. It was only to prevent him from assaulting her that she pushed him due to which the deceased fell down and suffered the injury. But assuming that he was assaulted in the manner as alleged by the prosecution, the contention of Mr. Thakur, is that appellants have acted in exercise of right of private defence.
(3.) Mr. Sharma, learned Government Advocate, however, argued that the offence of murder is proved against the appellants, as the occurrence has not been denied.;


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