genesis of occurrence, manner of occurrence is found completely subverted. So for this particular case is concerned, when the story of dragging of PW-9 Sams Tabrej has been disbelieved, then in that circumstance, even accepting that he sustained injury, but the same was in different way as he had intruded inside house at dead of night with others in order to commit theft, apprehended red-handed while lifting box, then in such circumstance, the appellants were entitled for exercising their right of private defence to protect their property whereupon, would not have been convicted. That means to say, presence of Sams Tabrej inside the house of appellants is found duly acknowledged in terms of defence version that means to say, PW-9 house trespassed for the purpose of committing theft and he was apprehended during course of lifting of a box while other escaped and the appellant Chanda Devi, who was sleeping with others over roof of the house, hearing sound of rattling awoke, came down, found the thieves, so in order to protect her property, inflicted garasa blow. It was dead of night, presence of injured along with others was by means of surprise, for committing theft and so, she was in a position to defend her property and for that, she inflicted garasa blow which at the relevant juncture, would not be expected to be under the garb of golden scale and further, considering the subsequent conduct whereunder informant was produced by them before the police
