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1. By the instant appeal filed under Section 378 of the Code of Criminal Procedure by the State against the judgment and order of the learned Sessions Judge, Sri Ganganagar dt.22.1.1985 in Sessions Case No.6/84, the acquittal of accused respondent Brijlal for the charges levelled against him under ss.302, 302/34 and 307/34 IPC as also u/ss.25 & 27 of the Arms Act, has been challenged.

2. Facts leading to this appeal are that one FIR, Ex.P.1 was filed on 1.10.83 at Police Station, Chunawadh, Distt.Sri Ganganagar by Mohan Ram, PW 1 that Mohanlal, PW 15 and accused respondent Brijlal were Gauge Readers in the Irrigation Department and were residing at the Govt. quarters adjacent to Suleman Ki Head. It is alleged in the FIR that the accused respondent Brijlal was in the habit of consuming liquor and used to abuse off and on to Mohanlal, PW 15, who was residing with his family. It is also alleged that many persons used to visit at accused Brijlal's house, one of whom was Kashi Ram. They often used filthy language against Mohanlal, PW 15. Despite persuasion, there was no change in the habit of accused Brijal. Mohanlal, PW 15 called the `Panchayat' but despite persuasion of the panchayat members, there was no change in the conduct of the accused respondent Brijlal. A complaint was also filed by Mohanlal, PW 15 on 18.8.83 before the Assistant Engineer of the Department. Thereupon, accused Brijlal started giving threats to Mohanlal. Ultimately, Mohanlal had to quit the Govt. quarter and he started residing with Mohan Ram Naik, PW 1 at 25 ML.

3. The story of the prosecution is that on 30.9.83 at about 9 PM, when Mohanlal, PW 15 was sitting with his wife and children in the house of Mohan Ram Naik, PW 1, accused Brijlal and Kashi Ram came there and gave abuses to the complainant Mohan Ram Naik, PW 1, who was also sitting outside his house and asked him to call out Mohanlal, PW 15 from the house, as they wanted to kill him. Upon this, the complainant Mohan Ram Naik, PW 1 requested the accused respondent Brijlal and Kashi Ram not to kill Mohanlal, PW 15 in his house and they can achieve their object at some other place. He also requested the accused to leave his house but they started abusing loudly. Both the accused Brijlal and Kashi Ram were having pistols in their hands. Upon seeing the conduct of the accused Brijlal and Kashi Ram, Mohanlal got himself hidden in the flour mill of Milkha Singh. After leaving the house by Mohanlal PW 15, Mohan Ram Naik PW 1 gave a call to the neighbours, whereupon Badri, Basant Singh, Nihal Singh, Nathu Singh, Milkha Singh and Mani Ram Naik came there and asked the accused to go away from that place but instead of leaving, they insisted to kill Mohanlal, PW 15. Thereafter, the accused Brijlal and Kashi Ram went in front of the house of Sultan Bhat on the strip of the Canal and continued to abuse Mohanlal, PW 15. Complainant Mohan Ram, PW 1 and the neighbours went to the accused Brijlal and Kashi Ram and again requested not to hurl abuses but in vain. It is alleged that at the instance of Kashi Ram, accused respondent Brijlal fired towards the people, who came to rescue, with his pistol, whereby Omprakash and Sultan Bhat were hit and Mst.Munni Devi, Labh Singh and Seriya were injured. Munni Devi and Omprakash died on the spot, whereas Sultan became unconscious and was taken to the hospital, where he died on 1.10.83. After firing, Overseer Ranveer Singh reached on the spot and Mohan Ram, PW 1 came to Ganganagar and informed about the incident to the SDO, Irrigation Shri Ghanshyam Singh and Executive Engineer, Irrigation Shri Gurdayal Singh, who asked him to lodge the FIR at the Police Station, Chunawadh.

4. The report Ex.P.1 was lodged in the night at 12.05 AM on 1.10.83 by Mohan Ram Naik, PW 1. The police registered a case and commenced investigation. Both the accused viz; Brijlal and Kashi Ram got themselves admitted in the hospital but as soon as they heard about the death of Sultan, they ran away from the hospital. Accused respondent Brijlal was arrested on 10.10.83 near Elnabad on tubewell and on his information, the recoveries of 12 bore pistol and empty cartridge were made. Accused Kashi Ram was absconding, therefore, a chargesheet u/s.299 CrPC was filed against him. The autopsy of the dead bodies was also conducted by the doctors. After usual investigation, accused Brijlal was chargesheeted u/ss.302, 307 and 324/34 IPC and ss.25 and 27 of the Indian Arms Act in the court of learned Judicial Magistrate No.1, Sri Ganganagar, who committed the case to the court of Sessions. Learned Sessions Judge framed charges against the accused Brijlal u/ss.302, 302/34 & 307/34 IPC and under Sec.27 of the Indian Arms Act. Accused Brijlal pleaded not guilty to the charges and claimed trial. The prosecution examined 17 witnesses. The statement of the accused was recorded u/s.313 CrPC. He led no defence. After hearing the arguments, the learned Sessions Judge acquitted the accused respondent Brijlal for the charges levelled against him on the plea of self defence.

9. To examine the plea of self defence, we have to first re-appreciate the evidence of the eye witnesses. Mohan Ram, PW 1, is the complainant in the case and has proved the FIR with regard to enmity between Mohanlal PW 15 and accused respondent Brijlal, who were working together as Gauge Reader in the Irrigation Department and were living in the Govt. quarters, where accused Brijlal used to abuse Mohanlal, therefore, he left the Govt. quarter and started living in his house on rental basis at 25 ML fifteen days prior to the incident. He has categorically stated that on the date of incident between 8-30 PM to 9 PM, accused Brijlal and Kashi Ram came to his house. He was sitting outside the house and Mohanlal and his family members were inside. Both the accused were having pistols in their hands and they told him to call out Mohanlal, as they wanted to kill him. He asked them to leave the place but they did not leave. Then, Mohanlal by crossing his boundary, went to the flour mill of Milkha Singh. He called neighbours. Thereupon, Badri, Basant Singh, Nihal Singh, Nathu Singh, Milkha Singh and Mani Ram Naik came there. They all asked accused Brijlal and Kashi Ram to leave but both insisted to kill Mohanlal. They were standing 20ft away from the accused. Then Kashi Ram told accused Brijlal to kill them, upon which accused Brijlal started firing which hit Omprakash and Sultan Bhat and Kashi Ram fired at Munni Devi, Labh Singh and Seriya. Omprakash and Munni Devi died on the spot and Sultan Bhat died in the hospital. Meanwhile, Ranveer Singh, Overseer came there. He went with him to the SDO, Irrigation Ghanshyam Singh and the Executive Engineer Gurdayal Singh, who asked them to report the matter to the police, which he reported vide Ex.P.1 at Police Station, Chunawadh. It is true that in the cross examination, this witness has said that he cannot see with one eye but he has clearly stated that fire was made at the distance of 20 ft. away. According to him, his house is ofcourse at a distance of one to one and half bighas from where accused Brijlal and Kashi Ram fired but the pistol was fired by accused Brijlal not from the house of Mohan Ram but in front of the house of Sultan and on the way to Canal from where they started abusing, which distance is said to be 20 ft. Even if for the sake of argument, it is assumed that Mohan Ram's house is at a distance of one and half bighas, then it cannot be more than 150 ft. to 200 ft. If this statement of Mohan Ram is read with the site plan Ex.P.2, then the place from where accused Brijlal fired is shown as "D" and blood was found at portions "A", "B" and "C". "A" is the place where Omprakash was fired, "B" is the place where Munni Devi was fired and "C" is the place where Sultan Bhat was fired and the distance of "A", "B" and "C" portion is 18ft. to 20ft. and the house of Sultan Bhat, where deceased went is at point "10" and the houses of Mohanlal and Mohan Ram are at point "16" and "17" respectively. This site inspection note and the site plan, if read with the testimony of Mohan Ram, PW 1, it is clear that even if the villagers followed the accused, they were not beyond the distance of 150ft. to 200 ft. The approach of the learned trial Judge that the villagers followed upto a distance of one and half bighas to cause grievous hurt or death of the accused persons, is misconceived because nowhere this Mohan Ram PW 1 or other witnesses have said that the villagers were armed with lathis or other deadly weapons.