Penal Code, 1860–Sec. 304 Pt. II, 99, 103 & 104–Plea of availability of right of private defence–Facts of case do not relate to house breaking by night, mischief by fire, mischief or house trespass–Protective umbrella of Sec. 103 was not available to appellant–It can be said that the complainants were likely to have committed criminal trespass at best–Therefore, the right of private defence of property in the case of criminal trespass extends to the limit of causing any other harm–Appellant used the disproportionate use of force in hitting on the vital part of body of deceased without any immediate apprehension of death–Conviction could or should have been u/s. 304 Pt. I–Interference declined.
