Law: Penal Code (XLV of 1860)

Section: 323,326,97

Law: Cattle Trespass Act (I of 1871)

Section: 10

  Penal Code (XLV of 1860)----Ss. 323, 326 & 97, secondly & Cattle Trespass Act (1 of 1871), S. 10-Seizure of trespassing cattle-Resistence and attack by owner Person seizing cattle has right of self-defence in warding off attack and meeting resistence.     Date of hearing: 14th September 1964.   JUDGMENT   This appeal is by Naru, son of Baikhu, Naru, son of Jesso and Dewo, son of Jesso, who have each been sentenced to three years' rigorous imprisonment under section 326/34, to six months' rigorous imprisonment under section 324/34 and to three months' rigorous imprisonment under section 323/34, P. P. C. They have been so convicted for an incident which happened on the 19th of September 1960, at about 1 p.m. in Deh Jaman, as a result of which Dhani Bakhsh deceased was killed and Mehar (P. W. 1), Khuda Bakhsh (P. W. 2) and Abdul Haq (P. W. 3) were injured.   Dhani Bakhsh deceased and Imam Bakhsh (P. W. 4) are brothers of Mehar (P. W.1). The three appellants areKolhis by caste. They are stated to be connected, inter se, but their relationship has not been brought out in evidence. They lived about 7 or 8 field numbers away from the land of, the complainants and cultivated the land of Umedali Khaskheli.   According to the prosecution case, on the day of the occurrence, Mehar (P. W. 1) and Dhani Bakhsh deceasedwent to their land at about noon to cut grass and found two bullocks, belonging to Naru, son of Baikhu, grazing in their land. They pushed them out of their field and were taking them to the cattle pound in Karam's village, but they had hardly gone to a distance of one athas (8 jaribs), when all the three appellants, armed with hatchets, came and asked them where they were taking their bullocks. On their informing them that they were taking the bullocks to the cattle pound, the appellants abused them and said that they would not let them take the bullocks to the cattle pound. Mehar and Dhani Bakhsh raised a hue and cry which attracted Abdul Haq and Khuda Bakhsh. Naru, son of Baikhu appellant then gave blows to Mehar P. W. from the blunt side of his hatchet, and the other gave injuries to Dhani Bakhsh…