Badri, thereupon replied that if Gopal was adamant he should be beaten tomaro .
He was further of opinion that more harm than the circumstances of the case required was number caused and therefore the appellant was also acquitted.
The State then appealed to the High Court against the acquittal of both accused.
While Badri and Banarsi were talking, Gopal came out of the quarter dragging his reluctant wife behind him.
Appeal by special leave from the judgment and order dated April 25, 1957, of the Allahabad High Court in Criminal Appeal No.
The relevant facts for our purposes are these.
992 of 1954, arising out of the judgment and order dated January 25, 1954, of the Additional Sessions Judge, Gorakhpur in Sessions Trial No.
The facts of the case, as found by the High Court, are numberlonger in dispute and the question that is raised in this appeal is whether the appellant had exceeded the right of private defence of person.
The knife penetrated into the heart and Gopal fell down senseless.
Badri persuaded Gopal to companye back to his house but the relations remained strained and eventually Gopal shifted again to the quarter of Banarsi about 15 days before the present occurrence which took place on June 11, 1953, at about 10 p.m. Gopals wife had companytinued to live with her father as she was unwilling to go with Gopal.
Badri was number agreeable to it and asked Banarsi number to interfere in other peoples affairs.
Her father Badri and her brother Vishwanath appellant sided with her and refused to let her go with Gopal.
On these facts the Sessions Judge was of opinion that Badri who had merely asked the appellant to beat Gopal companyld number have realised that the appellant would take out a knife from his pocket and stab Gopal.
71 of 1953.
The appellant was also there and shouted to his father that Gopal was adamant.
Gopal also suspected that she had been carrying on with one Moti who used to visit Badris quarter.
P. Sinha and S. D. Sekhri, for the appellant.
C. Mathur and C. P. Lal for G. N. Dikshit , for the respondent.
Steps were taken to revive Gopal but without success.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Judgment of the Court was delivered by WANCHOO J. This is an appeal by special leave against the judgment of the Allahabad High Court in a criminal matter.
The appellant and his father Badri were living in a railway quarter at Gorakhpur.
In the meantime, Badri came out and was asked by Banarsi to let the girl go with her husband.
The High Court upheld the acquittal of Badri.
The girl caught hold of the door as she was being taken out and a tug of war followed between her and Gopal.
Thereupon, Gopal was taken to the hospital by Badri and the appellant and Banarsi and his sons and some others, but Gopal died by the time they reached the hospital.
Gopal deceased was married to the sister of the appellant.
They did number, however, pull on well together and Gopal shifted to the house of Banarsi.
Gopal had been living for some time with his father in law.
Thereupon he applied to this Court for special leave which was granted and that is how the matter has companye up before us.
32 of 1958.
September 3.
Gopals sister was married to one Banarsi, who was also living in another railway quarter nearby.
On this the appellant took out a knife from his pocket and stabbed Gopal once.
On reaching the place, Banarsi and his two sons stood outside while Gopal went in.
Badri was, therefore, acquitted of abetment.
