JUDGMENT : Anand Pd. Sinha, J. - The appellant has been found guilty for the offence punishable under section 302 of the Indian Penal Code (herein after to be referred to as the Penal Code) and has been sentenced to undergo rigorous imprisonment for life. 2. It appears that he along with 11 others had been put on trial and all others excepting the appellant have not been found guilty. It had been differently charged for the offences punishable under sections 302/149, 147, 379, 148 and 324 of the Penal Code. 3. The prosecution case briefly stated is that at about 8 A.M. while the informant (P. W. 8) and his brother (deceased) Yogendra, were in their Masuri field situated in village Dohra Sawajpur, P. S. Sitamarhi, Dist. Muzaffarpur, consisting of 8½ Kalhas the appellant along with others differently armed had gone to the, field and had started uprooting the Masuri crop. The informant and others protested upon which the deceased Yogendra had been assaulted by the appellant by bhala. Jai Nandan Mahton and Jago are alleged to have assaulted by bhala. Jainandan has been acquitted and Jago has died before the trial. Bashisht is alleged to have assaulted by lathi. Father according to the prosecution case Rijhan Mahton (P. W. 8) who is the informant, was assaulted by five persons. Bhup Lal Mahton who happened to be the father of the deceased and also of the informant is also alleged to have been assaulted. 4. Learned counsel appearing on behalf of the appellant has mainly confined his argument on the appreciation of the evidence and also the findings of the learned trial court in the JUDGMENT : have been challenged as being no consistent truth (sic) the guilt of the appellant. 5. The prosecution case that Masuri crop had been grown by the prosecution party has been completely disbelieved and there is a positive finding of the learned trial court that the possession over the disputed land was in favour of the appellant and Masuri crop in question had been grown by the appellant. Since the identity of the plot has not been in dispute and that being so the details have not been mentioned. 6. Since the identity of the plot has not been in dispute and that being so the details have not been mentioned. 6. Further it will appear that there is a positive finding in the JUDGMENT : that prosecution party were the aggressors and they had started uprooting the Masuri crop having been grown by the appellant and there was assault and the appellant had right of private defence. 7. With this aspect of the case the learned trial court has acquitted the other accused and conviction of the appellant will amount to double standard, specially in absence of any finding that the appellant had exceeded the right of private defence. 8. That being so in ORDER :to convict the appellant there ought to have been a discussion and a positive finding that the appellant had exceeded the right of private defence and the injury inflicted by the appellant was not justified in the facts and circumstances of this case. 9. When dealing with this aspect of the prosecution case in ORDER :to sustain the ORDER :of conviction and sentence passed against the appellant the learned court below has based his finding for conviction and sentence on the ground that simply because the bhala blow had been given by the appellant that being so he would be .guilty for the offence under section 302 of the Penal Code, and thus the finding distinctly is contrary to the evidence and positive finding given by the learned Judge. 10. I am afraid this cannot be basis for the ORDER :of conviction and sentence against the appellant specially when major portion of prosecution case has been completely disbelieved. Once the right of private defence is attributed to the accused persons including the appellant that benefit has to go to the appellant. 11. It would appear that the genesis, manner and also assault have been completely disbelieved and that being so the learned court below has rejected the prosecution case to the extent that any other finding holding the appellant guilty cannot be said to be on the basis of reasoning. 12. It will also appear that the evidence of P.Ws. 4, 5 and 9 who are brothers and one who happened to be the sister's son of the father of the deceased have been stated to be interested witnesses. 12. It will also appear that the evidence of P.Ws. 4, 5 and 9 who are brothers and one who happened to be the sister's son of the father of the deceased have been stated to be interested witnesses. Under the circumstances when this fact has weighed in the mind of the trial court while rejecting the charge and analysing the evidence, the Same standard ought to have been applied with regard to allegation and offences directed against the appellant involved in this appeal. Moreover it would appear that there has been a positive finding repeatedly on the basis of the evidence available in the case that there was absolutely no connection between the claim of the disputed land and the prosecution party and the occurrence on the basis of the finding that neither the possession for the growing of the crop nor the manner of assault have been accepted and that being so on the basis of the same quality of evidence the charge levelled against the appellant cannot be said to be established and proved. Also considering the fact that one of the vital aspect as indicated above regarding exercise of excessive right of private defence being not considered, it will not be advisable to hold the appellant guilty simply on the basis that he had given bhala blow also keeping in view when other persons who were alleged to have given bhala blow have been acquitted on the same evidence. Therefore after careful consideration of the evidence and also going through the JUDGMENT : I am satisfied that the appellant also has become entitled to the benefit of doubt and that being so the appeal is allowed, the JUDGMENT : and ORDER :of conviction against the appellant is hereby set aside and the appellant will be discharged from the liability of the bail bond.