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As per case facts, a land dispute in Milsuma village led to an incident where deceased Shiv Ram and Vijay Kumar found accused persons ploughing their crops. Upon questioning, Shiv
...Ram was attacked with gunfire, lathi blows, and stones, succumbing to his injuries, while Vijay Kumar was also hurt. The trial court convicted Makhan and Gokula for murder and other sections, and Natthi, Karan Singh, and Ram Bharosi for murder with unlawful assembly, sentencing all to life imprisonment. The High Court, however, acquitted some accused of murder charges, reducing others' sentences, and convicted Makhan and Gokula for attempted murder. The State of Rajasthan appealed against the High Court's judgment, arguing that the High Court incorrectly determined possession of the land and misapplied the right of private defense. Makhan and Gokula also appealed their conviction. The question arose whether the High Court correctly assessed the land possession, the nature of the aggression, and the applicability of the right of private defense, particularly concerning the use of deadly force for trespass. Finally, the Supreme Court found the High Court's judgment inexplicable and erroneous, stating that the accused, being armed trespassers, could not claim self-defense, especially with deadly force. It clarified that criminal trespass does not justify causing death under relevant IPC sections. The Supreme Court allowed the State's appeal, setting aside the High Court's judgment and restoring the trial court's convictions. Consequently, Makhan, Gokula, Natthi, Karan Singh, and Ram Bharosi were convicted for murder and other related offences, receiving life imprisonment and fines, with Makhan and Gokula's appeals being dismissed.
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