JUDGMENT V.S. Aggarwal, J. - The present revision petition has been filed by Giani petitioner directed against the judgment and the order of sentence dated 6.5.1986 passed by the judicial Magistrate Ist Class, Rewari whereby the petitioner along with others was held guilty and sentenced to undergo rigorous imprisonment for a period of six months under Section 323, Indian Penal Code; for a period of one year for the offence punishable under Section 324, Indian Penal Code and for a period of three years for the offence punishable under Section 326, Indian Penal Code and to pay a fine of Rs. 100/-. The appeal filed by the petitioner had been dismissed. 2. The facts of the prosecution case are that on 6.6.1982 Smt. Sama Kaur had made the report with the police asserting that she was living with her husband. On the said date at about 5.00 P.M. her son Bish Ram was taking his cattles for drinking water to his tubewell. Petitioner incited his dog. When she resisted the petitioner alongwith others namely Fakira, Hari Kishan, Radhey and Thawar who were duly armed reached the spot. They shouted and caused alarm to the complainant and her son. They pounced upon them and caused injuries at their person. The complainant and her son raised an alarm. Sheo Karan and Kharkia reached there. The injured were removed to the hospital. Samko (Sama Kaur) was examined by Dr. K.S. Jindal who found the following injuries on her person :- 1. There was lacerated wound of the size of 2 cm x 1/4 cm on the frontal reason (region ?) of head. 10 cm above the pinna of right ear. The wound was 1/2 cm deep and was bleeding on touch. The injury was advised x-ray. 2. There was a diffuse swelling on the lower part of the back of left fore arm without any external mark of violence. The swelling was tender and was advised x-ray. 3. There was a lacerated wound of the size 1/2 cm x 1/4 cm on the tip of left ring finger. Wounds was bleeding on touch. 4. Reddish blue contusion of the size of 8 cm x 6 cm was present on the back of right thigh in its middle. 3. Bishram son of Ram Karan was examined by Dr. Dil Guljar Singh and he found the following injuries on his person :- 1. Wounds was bleeding on touch. 4. Reddish blue contusion of the size of 8 cm x 6 cm was present on the back of right thigh in its middle. 3. Bishram son of Ram Karan was examined by Dr. Dil Guljar Singh and he found the following injuries on his person :- 1. An incised wound 3 cm by half cm by 2 and 1/2 cm was present over the back of left axillaly fold slight. Sound of air was coming out, showing the injury to left lung. Wound was bleeding and painful. Injury was advised to x-ray.s 2. An incised wound 5 cm by 1 cm by 4 cm was present over the outer aspect of left arm at junction of lower 3rd with middle at 1/3rd under line (underlying ?) facia muscle were cut, left humerus of left side were also fractured. Upper bone fragment was coring out in the wound. Wound was bleeding. Surrounding area of pain. Injury was advised to be x-rayed. 3. An abrasion 3 cm by 1/2 cm was present behind the left and both joints. 4. Superficial abrasion was present over the back of left shoulder blade. 5. Two small abrasions were present over the back of abdomen side. 6. lacerated wound 2cm by 1/2 cm by 1/2 cm was present over the left side of sterior part of wound. 4. The plea of the petitioner as appears from the statement under Section 313, Code of Criminal Procedure was that it was the complainant party who incited them. The fight took place in their fields and thus they pleaded their innocence. 5. In the present case in hand the evidence on the record clearly establishes that grievous injuries had been caused on the person of Bishram. It is also established that the incident as such has taken place because it appears from the judgment of the learned Appellate Court that this fact had not been seriously disputed. 6. However, the site plan Ex. PW-4/C indicates that the incident took place in the fields which belong to Kalia father of Fakira. This fact is corroborated by the Investigating Officer who admitted that blood-stained earth was picked up from point A which were the fields of the accused person. No other blood-stained earth had been picked up from any other place. PW-4/C indicates that the incident took place in the fields which belong to Kalia father of Fakira. This fact is corroborated by the Investigating Officer who admitted that blood-stained earth was picked up from point A which were the fields of the accused person. No other blood-stained earth had been picked up from any other place. It clearly shows that incident took place in the fields of the accused, rather than as stated by the State. 7. When such is the fact or it appears from the record that there were injuries that could be caused in right of the self defence, the Court would be slow to act if the plea has not been taken. But if from the evidence itself it appears and it is established that injuries were caused in the right of self defence, in that event, once it is so established, there would be no point ignoring a fact so established. This Court in the case of Kulbir Singh v. The State of Haryana, 1984(2) Chandigarh Law Reporter 242, also opined that if specific plea is not taken but the accused by the evidence suggest that it was a case of self defence, the matter of self defence could be considered. Almost identical was the view point of the Supreme Court in the case of Bahadur Singh and another v. State of Punjab, AIR 1993 Supreme Court 70, where during investigation the plea of self defence was not taken. It saw the light of the day during the trial. It was held that plea necessarily has to be considered. 8. As had been noticed above the incident took place in the fields of one of the accused. There were some minor injuries on the person of Fakira who was one of the accused. When the incident took place in the fields of one of the accused and it is clear that there was some provocation from the side of the complainant. However, it does not permit grievous injuries to be caused. They clearly acceded (exceeded) the right of self defence. In that view of the matter the petitioner must be held guilty of the offences punishable under Sections 323, 324 and 325 of the Indian Penal Code. To that effect the order of the learned Additional Sessions Judge must be modified. 9. They clearly acceded (exceeded) the right of self defence. In that view of the matter the petitioner must be held guilty of the offences punishable under Sections 323, 324 and 325 of the Indian Penal Code. To that effect the order of the learned Additional Sessions Judge must be modified. 9. As regards the sentence, the incident as mentioned above took place 18 years ago. There is nothing on the record to indicate that thereafter even (ever ?) the peace had been disturbed. At this stage, therefore, the interest of justice requires that sentence should be reduced. It is directed that it is reduced to the one already undergone with no interference on the quantum of fine that had been imposed. Order is made accordingly. Order accordingly.