He found that Shamnarain Singh was in, lawful possession of the kurthi field in question on the date of occurrence and that the supposed claim thereto raised on behalf of the defence was number in good faith 2 the cattle were seized in the presence of the charwahas in spite of their protest 3 even though the seizure of the cattle from the kurthi field by the accused party in these circumstances was an unlawful act, the companyduct of the companyplainant party, who were fully armed, in following them in order to release the cattle, was number justified as it showed a determination on their part to get their cattle released by use of force and that therefore there did number exist any right on the part of the owners of the cattle to the extent of securing the release of their cattle from the hands of those who had seized them earlier by use of force 4 there was strong Probability in favour of the view that it was the prosecution party which created the crisis and took the aggression to initiate the assault and that the prosecution narration as to the manner in which the assault companymenced at the scene of occurrence where the assault took place, did number companymend itself to him and that part of the prosecution story appeared to suffer from material Suppression, and that, in these circumstances, the accused party had the reasonable apprehension of suffering grievous hurt or death at the hands of the prosecution party and they were justified in the exercise of their right of private defence of their bodies in causing such injuries to the men on the prosecution side as might cause death, the death so caused being justifiable homicide.
Altercation took place between the parties and then they fought together.
Sukhari Mahto received 16 injuries including 4 incised wounds.
The High Court allowed the appeal against 13 respondents and companyvicted Ratan Ahir under S. 302 I.P.C. and the others under s. 326 read with s. 149 I.P.C. and of some other offences.
This party, including Sukhari Mahto, Deocharan, Sheodutt, Hari Mahto and Ramdeo, caught up with the other party a short distance from the cattle pound and asked that party to release the cattle.
Ratan Ahir got three injuries including 2 punctured wounds.
It may be mentioned that one of the respondents had died and 14 others were acquitted.
Ratan Ahir lodged a report against 26 persons.
Appeal by special leave from the judgment and order dated December 13, 1962, of the Patna High Court in Government Appeal No.
On the side of the appellants, four persons got injured.
Deocharan had an abrasion, Sheodutt Singh got a lacerated wound, a swelling and an abrasion and Hari Mahto had a lacerated wound.
They were joined by others on the way.
A number of people, variously armed, started from the village to rescue the cattle.
Nuruddin Ahmed, B. P. Singh and U. P. Singh, for the appellants.
As a result of the fight five persons got injured on the side of Shamnarain Singh.
Hari Mahto lodged a report on behalf of the companyplainantparty against 20 persons.
Accord ing to the appellants it was the other party which attacked them.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
29 of 1963.
Ramnandan Singh and others seized those cattle and proceeded to take them to the pound at village Tilauthu.
According to the prosecution case, members of the appellants party attacked Shamnarain Singh and his companypanions.
24 of 1960.
Of them, Ramdeo got one gaping punctured wound in the right thigh with a spear.
Ramnandan Singh received 12 injuries, including 4 incised wounds and 3 punctured wounds.
The Judgment of the Court was delivered by Raghubar Dayal J. This appeal, by special leave, raises the question whether a person who seizes cattle illegally, purporting to act under S. 10 of the Cattle Trespass Act, 1871, hereinafter the Act, companymits the offence of theft or robbery or number.
The other three injured persons received ordinary injuries.
On the morning of November 28, 1957, a number of cattle belonging to several persons, including Shamnarain Singh, were observed by a number of persons, including Ramnandan Singh and Ram Rattan alias Ratan Ahir, grazing in a kurthi field about which there was a dispute between the authorities of the Basic School and Shamnarain Singh each of them claiming the field.
The State of Bihar appealed against the acquittal of the 28 accused.
The Additional Sessions Judge, Arrah, acquitted all of them.
P. Jha, for respondent No.
The report of the seizure of the cattle reached Shamnarain Singh and other people in the village.
He died as a result of the injury received.
These persons were armed with sharp edged weapons and lathis.
