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
accused on the
deceased and their brothers-Party of the accused whether
aggressors and have acted in exercise of the right of
private defence-conviction ... reliable evidence to support he prosecution
case that the accused were the aggressors.
In the appeals to this Court on the questions: (a)
Whether
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
that the complainant party (seven in number) came to
the house as aggressors and the appellant had no option but to fire from ... record to substantiate the argument that
complainant party were the aggressors. It was submitted that the occurrence
took place in the house of the complainant
accused and deceased-
Altercation and assault-Accused receiving injuries-Accused
whether aggressors-Whether entitled to right of private
defence.
HEADNOTE:
The prosecution alleged that there ... assault initially started and which party was the
aggressor, that the prosecution had not explained as to how
the
353
appellants received the injuries
natural for the victims to offer some resistance. In that resistance, the aggressors may receive minor injuries on their person. Since the appellants were ... aggressors, no right of private defence was available to them. We have given our thoughtful consideration to the rival submissions.
25. The pertinent question before
Code, thereby clearly proving that Rajdeep Singh etc.
NARESH KUMAR
were the aggressors and the appellants, if at all, caused injuries ... possession, which party initiated the attack and which party was the
aggressor. Thus, before answering the question of culpability, the
trial court was required
parties, i.e. the appellants or the prosecution side, was an aggressor in this case. Whereas the learned counsel for the appellants has asserted that ... State have argued that they were the appellants who were aggressors. In our opinion, the place of the occurrence and the other attending circumstances will
appearing for the appellants argued
that the deceased Ramshiromani Singh was the aggressor, who trespassed
into the property of the appellant with an intention ... appellant is of exhorting to
Appellant No.1 Lala to attack the aggressors, but such exhortation is not
said to be with any common intention
simple case of the accused party being unilateral sole aggressors. A major portion of the events and the true background of the case as unfolded ... question that arises for determination is whether the prosecution party were the aggressors in the first instance in the sense that they beat accused necessitating
