Sudhir Mittal DECISION
Sudhir Mittal, J.
1. This common judgment shall dispose of Crl. Appeal No. S-570-SB of 2000 and Crl. Appeal No. S-642-SB of 2000 as they arise out of the same judgment dated 14.06.2007 passed by the Court of Sessions Judge, Jalandhar.
2. FIR No. 109 dated 01.10.1993 came to be registered at Police Station Division No. 6, Jalandhar, under Sections 307, 326, 323, 324, 452, 429, 506, 148, 149 of Indian Penal Code (45 of 1860) (for short 'IPC') and Sections 25, 27 of the Arms act, 1959. A total of seven persons were named as accused, out of whom four were acquitted. The appeals have been filed by three persons namely Bakshi Ram, Rajinder Kumar @ Kala and Paramjit Singh.
3. According to the case of the prosecution, 18 kanals of land situated in Mohalla Abadpura was owned by the complainant party and 30-32 rooms had been constructed thereupon. The same had been rented out. A civil dispute was going on regarding this property between the complainant party and the accused party. At about 11.00 p.m. on 30.09.1993, the accused persons came to the spot armed with deadly weapons alongwith 30-35 other people and started demolishing the rooms constructed at the spot. When the complainant party tried to stop these persons, Bakshi Ram fired from his .12 bore gun injuring Surjit Ram. Paramjit Singh also fired from his .12 bore gun at Surjit Ram. Rajinder Kumar @ Kala gave a kirpan blow on the head and shoulder of Harbhajan Dass and some unknown persons gave a blow with a hockey stick on the head of Karmi. On raising an alarm, the accused persons ran away from the spot.
4. As mentioned earlier, out of seven persons, four were acquitted. Learned Sessions Judge also found on the basis of evidence on record that the property on which the occurrence took place was infact in the possession of the accused persons on the date of the incident as possession thereof had been handed over to them in execution of a decree on 30.05.1993. Thus, all accused were acquitted of the charges under Sections 452, 148 and 149 IPC. He, however, held that the accused persons had no right of private defence and, thus, convicted Bakshi Ram and Paramjit Singh under Section 308 IPC and Section 27 of the Arms Act, 1959. Rajinder Kumar @ Kala was convicted under Section 324 IPC.
5. Learned senior counsel for the appellants submits that the finding of the learned Sessions Judge that the appellants did not possess the right of private defence is flawed and is based on failure to appreciate the evidence on record. The evidence on record and the circumstances of the case clearly establish that the complainant party trespassed into the property of the accused persons and in exercise of righ........