side had lathi with them and might have assaulted some of the aggressors in
order to save their lives, but the same could not have ... common intention.
As the Appellants herein and other accused persons were aggressors,
no right of private defence could be claimed by them particularly when
come with a lathi which established
that the complainant party was the aggressor.
(x) Khudday did not suffer any injury which shows that the accused ... persons were not the aggressors.
(xi) Unless Khudday was assaulted, no unlawful assembly could have
been caused.
(xii) In any view of the matter
self-defence was not available to the appellants.
(iii) Appellants were aggressors as they came heavily armed to the
house of complainant Jaswant Sigh ... with the aid of Section
149 IPC.
(iv) Appellants being not the aggressors and as three of them suffered
injuries during the free fight
said accused are pointers to the fact that
the complainants were the aggressors. The learned counsel
would contend that the alleged immediate cause leading ... death.
Mr. Lalit would urge that had the complainant been not
aggressors, there was no reason as to why PW 5 and PW 6
would
occurrence took place, could not have been held to be the
aggressors. In any event as they had no intention to kill the deceased ... mystery. This
occurrence, admittedly, took place, but who were thus initial aggressors, i.e.,
the prosecution witnesses or the appellants, is difficult
expected. The possibility of PW-3 and the
deceased being the aggressors cannot be ruled out. It would bear
repetition to state that they ... available
for protection against apprehended unlawful aggression and not for
punishing the aggressor for the offence committed by him. It is a
preventive
point the exact place of occurrence to
ascertain who was the aggressor.
22. No doubt, a life is lost and two persons suffered grievous injuries ... circumstances of this case to show that the accused were the aggressors. It was for that reason the
genesis of the prosecution case must
mystery. This occurrence, admittedly,
took place, but who were thus initial aggressors,
i.e., the prosecution witnesses or the appellants, is
difficult ... expected. The possibility of
PW-3 and the deceased being the aggressors cannot be ruled out. It would
bear repetition to state that they
point
the exact place of occurrence to ascertain who was the aggressor.
22. No doubt, a life is lost and two persons suffered grievous injuries ... circumstances of this case to
show that the accused were the aggressors. It was for that reason the
genesis of the prosecution case must
regarding the presence or absence of
injuries on the person of the aggressor
or the aggressed."
In Sheikh Zakir Vs. State of Bihar
