Case: Kishan Vs. The State of Madhya Pradesh

2. The aforesaid three persons were tried for the murder of one Bucha by the Additional Sessions judge, Tikamgarh. The prosecution case was this: On May 4, 1968, Damrulal went to the house of Bucha while he was supervisingg near his house. Damrulal warned the deceased to abstain from using bricks belonging to him Bucha replied that he was using his own bricks. Then there was an exchange of hot words between them. Thereafter Damrulal left the place angrily after giving a warning to Bucha that be would soon settle the score. The work came to a stop at about 9 a.m., and the labourers left the place. While the deceased was taking his meal in the verandah of his house, Damrulal, Ganesh and the appellant along with their brother Har Charan arrived there. Ganesh exhorted his brother Har Charan to catch hold of Bucha and kill him. Bucha was dragged out of his house upto a nearly neem tree. There he was given a beating by fists and kicks by the appellant and his three brothers Bucha contrived to extricate himself from their grip and picked up a Khutai lying nearby He gave three blows on the head of Har Charan with the Khutai. Har Charan fell down on the ground and became unconscious. Thereafter the appellant and his remaining two brothers, Ganesh and Damrulal, caught hold of Bucha. The appellant snatched the Khutai from the hand of Bucha and gave two or three blows on his head. Bucha fell down on the ground and became unconscious. The appellant, Ganesh and Damrulal carried away Har Charan in a cart and lodged a report with the police. Kanhaiyalal P. W. 6, lodged the F.I.R. about the incident in the Police Station Prithvipur, Bucha died soon afterwards.

Reasoning: 6. We are unable to accept these arguments. The finding of the Courts below is that the appellant along with his three brothers, Ganesh, Damrulal and Har Charan went to the house of Bucha, pulled him out of his house upto the neem tree and there subjected him to punching and kicking. So they were aggressors.They took the law in their own hands. Bucha contrived to escape from their grip, caught hold of the khutai and struck three blows on the head of Har Charan, Bucha was then acting in exercise of the right ofselfdefence.7. Turning of the second argument, the appellant and hisd had gone to the house of Bucha with the intention of causing physical harm to him. They went unarmed to his house. So they did not then have any intention to kill him. Bucha picked up the khutai and inflicted deadly blows on the head of Har Charan brother of the appellant. Har Charan fell down and became unconscious. (He died soon thereafter). At that moment the appellant hurled the khutai on the head of Bucha. The blow was so severe that there was profuse bleeding inside the brain. One of the skull fractures extended from the right temporal region to the left temporal region and proceeded internally to the base of the skull. Dr. S. N. Banerji, who did the autopsy on the dead body of Bucha has deposed: "With these injuries death was inevitable. This medical opinion clearly brings the case of the appellant within the purview of S. 300, third clause. So the High Court is right in convicting him under S. 302 I.P.C. The appeal is accordingly dismissed.