Short Note : 1. Bhupendra Singh (P.W.8) was Sub-Inspector, police station Doraha, at the relevant time. Ram Nath Singh (P.W.2) was the constable in the police station On 4th July 1975, both of them were going from Doraha to Sehore in a truck of Abdul Kadir at about 6-30 p.m. Near village Khajure there was a roadside hotel of Bhawargeer (P.W.6). The truck was stopped near that hotel. The, appellant Saleem was standing on the road. According to the prosecution, Saleem was needed in some cases and there was a warrant for his arrest, Bhupendra Singh and Ram Nath Singh, therefore, tried to arrest Saleem. The arrest was resisted by Saleem. It was sais that Saleem had a Farsa and with that Farsa he tried to cause injuries to Bhupendra Singh and Ram Nath Singh. Bhupendra Singh then snatched the Farsa from the hands of Saleem. The prosecution case further was that Saleem then whipped out a knife and assaulted the constable at which Bhupendra Singh wielded the Farsa and caused various injuries to Saleem as a result of which he fell down. Saleem was prosecuted under section 307 IPC but was acquitted of that offence, but was convicted under section 332 of the Penal Code and sentenced to undergo rigorous imprisonment for two years. Held : Having heard learned counsel, this Court is of opinion that this appeal must be allowed. The prosecution has failed to produce any material to show that the appellant was required in connection with any offence. No warrant for his arrest was filed in this case. The prosecution did not file even a single report to show that the appellant was needed in any cognizable or even non-cognizable case. In the absence of any such material, the effort of Bhupendra Singh, Sub-Inspector, and Ram Nath Singh, constable, to arrest the appellant was clearly illegal. The appellant had, therefore, the right to resist the arrest. It does not appear that in resisting the arrest, the appellant exceeded the right of private defence. Indeed, what appears from the evidence of Bhawargeer (P.W.6) is that the constable caught hold of the appellant from behind the Sub-Inspector snatched the Farsa and started assaulting the appellant with that Farsa. It was at this stage that the appellant caused the two minor injuries with a knife which were found on the person of the constable. Indeed, what appears from the evidence of Bhawargeer (P.W.6) is that the constable caught hold of the appellant from behind the Sub-Inspector snatched the Farsa and started assaulting the appellant with that Farsa. It was at this stage that the appellant caused the two minor injuries with a knife which were found on the person of the constable. In the whole incident, the conduct of the Sub-Inspector and the constable in trying to arrest the appellant was wholly unjustified. Similarly, the act of the Sub-Inspector in assaulting the appellant after snatching the Farsa also appears to be without any justification. In the opinion of this Court, no offence is made out. The appellant only resisted his arrest. The appellant had the right of private defence as he was being illegally arrested and assaulted by the Sub-Inspector with the Farsa. Appeal allowed.