JUDGMENT 1. - Jagannath and others have preferred the appeal against the judgment dated 6/12-2-79, passed by learned Sessions Judge in Sessions Case No. 23/1577. Learned Sessions Judge has convicted accused Prabhu, Jagannath and Pokhar under Section 302 IPC and sentenced them to under go rigorous imprisonment for life, Learned Session Judge has also convicted accused Prabhu and Pokhar under Section 324 IPC and sentenced them to undergo one year's rigorous imprisonment. Learned Sessions Judge acquitted other accused persons on all counts on being aggrieved with the finding of acquittal. The State of Rajasthan preferred an appeal before this Court. Leave to appeal was rejected by this Court against Mst. Jagannathi and Mst. Gulab. Leave to appeal was granted against rest of the accused namely Jagannath, Poolya, Moti, Podhar, Prabhu, Gokul, Kaiyan Jagdish and Mariya. 2. The prosecution story as unfolded in the first information report is that all the accused persons were enemical with deceased Choga aDd gave fatal blows on the person of Choga. They have also stated in the first information report that some of the eye-witnesses have also sustained injuries. 3. The Investigating Agency inspected the since and prepared the Site Memo Ex. P. 7 on 26th May, 1977, and on the spot found blood and vomit in the field of accused Jagannath. After recording the statement poler Station 161 Cr. p. c. and after completing the investigation, a charge-sheet was submitted by the Investigating Agency before the Judicial Magistrate, Bundi. The case was committed and the learned Sessions Judge, vide his judgment dated 6. 2. 19/9. recorded the finding quilts and convicted and sentenced the present appellants Jagannath, Prabhu and Pokhar and acquitted the remaining accused persons. 4. Learned counsel for the State has invited our attention to the statement of PW. 1 Prabhu, PW. 2 Hazara, PW. 5 Gokul, PW. 7 Mst. Pushpa, PW. 8 Pancha All these witnesses have stated before the court that the occurrence has taken place in the field of Choga deceased. However, most of the witnesses in their police state hent have stated that the occurrence has taken place in the field of Jagannath. From the perusal of Ex. p. 7 the Site Inspection leraned, it is clear that the occurrence has taken place in the field of accused Jagannath. However, most of the witnesses in their police state hent have stated that the occurrence has taken place in the field of Jagannath. From the perusal of Ex. p. 7 the Site Inspection leraned, it is clear that the occurrence has taken place in the field of accused Jagannath. It was also pointed out by learned counsel for the appellants that the appellants Jagannath and Pokhar have sustained injuries The injury rep arts have been produced before this Court and have been marked as Ex. D. 8 and Ex. D. 11. The other persons who have been acquitted by the court namely, Poolya and Moti have also sustained injuries. Their injury reports have been produced by the defence and have been marked as Ex. D. 9 and Ex. D. 10. All the injuries sustained by the accused party are simple in nature. 5. Learned counsel for the accused appellants has submitted that the occurrence has taken place in the field of the appellant Jagannath. It is an admitted position and Ex. P. 7 the Site Memo supports the contention of the present appellants. In the statement recorded under Section 313 Cr. P. C. also Jagannath has specifically stated that he was sitting in his field and the complainant party tame in his field and attacked him. The attention of learned Public Prosecutor was drawn to Ex. P, 7 and he was asked to explain how Choga deceased reached in the field of Jagannath appellant ? Learned Public Prosecutor failed to explain the circumstances in which the occurrence has taken place in the field of Jagannath. The investigating Officer P. W. 15, Ram Kishan has specifically stated that he inspected the site and prepared the Site Inspection Memo Ex. P. 7, The investigating agency also did not find that any occurrence has taken place in the field of deceased Choga. For , the reasons mentioned above, we are of the view that the incident has taken place in the field of Jagannath and for one reason or the other the complainant party went there. It is an admitted position that the litigation is going on between the parties for the last 10 to 12 years in connection with this field. It has also come on record that some time the accused party cultivated the field and some time the complainant party cultivated the field. It is an admitted position that the litigation is going on between the parties for the last 10 to 12 years in connection with this field. It has also come on record that some time the accused party cultivated the field and some time the complainant party cultivated the field. Taking into consideration the fact that there is a bonafide dispute about the title and possession of the field and the field has been shown as the field of Jagannath accused, we are of the view that the complainant party initiated the quarrel which resulted in the death of Choga. The accused party had a right of defence of the person and property but looking to the nature of the injuries sustained by the complainant party and specially the deceased, we are of the view that the accused party exceeded the right of private defence. The nature of the injuries sustained by the accused party also goes to show that there was a quarrel and during that quarrel they sustained some injuries which are dairy nature. All the injuries sustained by the party of the accused side are simp.e in nature and for the reasons mentioned above it can safely be said that the accused party exceeded the right of private defence. We have also held that the accused party have exceeded the right of private defence and the complainant party initiated the quarrel, as such all the three appellants are entitled for acquittal under Section ' IPC. We set-aside the order of conviction and sentence under Section 302 IPC and convict the present three appellants namely, Jagaonath, Prabhu and Pokhar under Section 304 (I) IPC. taking into consideration the facts and circumstances of the case. As for as the conviction under Section 324 IPC of Prabhu and Pokhar is concerned, it is maintained. They are sentenced to undergo seven years rigorous imprisonment and a fine of Rs. 100/- each. Two months time is allowed to deposit the fine. In case they fail to deposit the fine within a period of two months, they will further undergo three months simple imprisonment. All the sentences shall run concurrently. The appellants shall be entitled for the set of under Section 428 Cr. P.C. 6. 100/- each. Two months time is allowed to deposit the fine. In case they fail to deposit the fine within a period of two months, they will further undergo three months simple imprisonment. All the sentences shall run concurrently. The appellants shall be entitled for the set of under Section 428 Cr. P.C. 6. As far as the State Appeal is concerned, We find no force, for the reasons that the complainant party initiated the quarrel and the accused party acted in the right of private defence for the person and property. The State appeal is dismissed accordingly.Appeal partly allowed. *******