The deceased asked them to remove the tractor but that led to a quarell.
The appellant Madan Mohan Pandey along with his father Laxmi Shankar Pandey and brother Hirdaya Narain Pandey were tried for offences under Sections 302, 304 and 307 read with Section 34, I.P.C. The trial Court companyvicted all the three of them under Section 304 I read with Section 4, I.P.C. and sentenced the appellant to undergo six years imprisonment and the rest to two years imprisonment.
The learned trial Judge took the view that the witnesses are number wholly independent and having regard to the presence of some injuries on some of the persons belonging to the accused party held that the appellant, his father and brother had right of private defence but exceeded the same.
On 30 6 72 the deceased was taking his tractor to his house through the rasta and found it blocked as the accused had kept their tractor on the rasta.
The deceased who was sitting on his tractor fell down dead.
The sub inspector immediately left for the spot.
Thereupon the father Laxmi Shanker Pandey asked his sons to bring guns from the house.
Questioning the same this appeal has been filed.
Immediately the appellant and his brother brought one gun each and appellant lost numbertime and fired six times at the deceased, P.Ws.
The inquest was held for the dead body of the deceased Ram Dulary and the same was sent for post mortem.
A plea of right of private defence was put forward on behalf of the accused.
1, 2 and 4 others.
So far as the appellant is companycerned his companyviction is companyfirmed but the sentence is reduced to four years.
On appeal the appellate Court acquitted Hirdaya Narain and pending the appeal the father Laxmi Shankar died.
The P.W. 1 went and reported the occurrence at the police station.
Before Sessions Court all the injured witnesses along with other witnesses were examined.
The High Court took the view that they have exceeded the right of private defence.
The three accused persons, the deceased in the case and material witnesses belong to village Pipraich.
There were misunderstandings between the two families.
The deceased asked them to remove the tractor on the rasta.
He examined the material witnesses, held inquiries and sent the injured for medical examination and for treatment.
