Penal Code, 1860–Sec. 302–Conviction–Altered by High Court u/s. 326–Justification–Accused party was the aggressor and hiding in the bushes and appeared after the complainant party arrived on the spot–They were assembled with lethal weapons–Right of private defence was not available to them–
Accused M caused the head injury with intention to cause the death of deceased to teach a lesson to the complainant party for their repeated unauthorised entry on the fields of the accused party–Injuries sustained by the accused party were superficial–Act of accused M comes in purview of Sec. 304 Pt.-I–Approach of High Court is liable to be disapproved.
