Special Land Acquisition Officer and ors. Vs. Mallanagouda Rayanagouda Patil and ors. - Court Judgment

Excerpt:
- indian penal code, 1890 section 97: [d.k.jain & r.m. lodha,jj] right of private defence held, number of injuries on accused side by itself may not be sufficient to establish right of private defence.sections 300, exception 2 : right of private defence-prosecution not coming out with true version as to how incident commenced as it was not in accordance with human conduct - possibility of complainant party being aggressor could not be ruled out - defence version indicating that complainant party attacked first -injuries sustained by some of accused were grievous - accused thus, able to make out case for benefit of exception 2 to section 300 held, conviction of accused under section 300 r/w section 34 altered to section 304, part i r/w section 34......same was directed to be tagged with them. since the batch has been disposed of by order dated january 27, 1995 in c.a. arising out of slp (c) nos. 11963-70/96,this court while affirming the compensation awarded by the high court modified the judgment and decree to the extent of awarding benefits of enhanced solatium and interest under the amendment act 68 of 1984. the court instead granted solatium at 15 per cent and interest at 6 per cent on the enhanced compensation from the date of taking possession till date of payment or deposit, whichever is earlier. in these cases, since the award of the reference court itself is of october 23,1982, i.e., after the amendment act was introduced, the respondents are entitled to the benefits of the enhanced solatium and interest as granted by the.....

Judgment:
ORDER

1. Leave granted.

2. The High Court of Karnataka in the impugned order reversed the award and decree of the Reference Court and modified the same to the extent that the claimants will be entitled to compensation @ Rs. 9,160/- per acre for the irrigated land and Rs. 8,680/- per acre for dry land, as against the Reference Court's award of sum of Rs. 16,950/- and Rs. 9,975/- respectively, when the matter had come up for admission, since a batch of the matters was then pending, notice was ordered in these matters also and the same was directed to be tagged with them. Since the batch has been disposed of by order dated January 27, 1995 in C.A. arising out of SLP (C) Nos. 11963-70/96,this Court while affirming the compensation awarded by the High Court modified the judgment and decree to the extent of awarding benefits of enhanced solatium and interest under the Amendment Act 68 of 1984. The Court instead granted solatium at 15 per cent and interest at 6 per cent on the enhanced compensation from the date of taking possession till date of payment or deposit, whichever is earlier. In these cases, since the award of the Reference Court itself is of October 23,1982, i.e., after the Amendment Act was introduced, the respondents are entitled to the benefits of the enhanced solatium and interest as granted by the High Court

3. The appeals are accordingly dismissed. No costs.