Penal Code, 1860–Secs. 302, 326/149, 324/149 & 148–Conviction–Sustainability–Prosecution did not try to explain the injuries of the accused–Possibility that the injuries were caused by the accused while exercising the right of private defence–Prosecution failed to establish that the land was belonging to C and it was in possession of SU–Recovery of the gun at the instance of S is not reliable–Members of accused party sustained the gun injuries as well and serious fractures–Complainant party has also been convicted by the Trial Court–Held, accused party rightly exercised the right of private defence–Case would fall in the ambit of Sec. 100–Conviction is liable to be set aside.
