For ten years, the father of the accused held the position of tehbazari in a vegetable market.
For ten years, the father of the accused held the position of
tehbazari in a vegetable market. He lost to the deceased in a particular
tender. The accused’s father went to the market the day of the event to
buy a basket of melons. The deceased refused to sell it, claiming that
another purchaser already had it marked. There were heated
exchanges during which the deceased asserted his dominance and
declared that his word was final, calling himself the thakedar of the
market. This display of power offended the accused’s father, who
stormed out in a fury. An hour later, the accused’s father came back
with his three boys, one of whom was the accused. The accused had a
rifle, the accused’s father had a knife, and the other two brothers each
had a lathi. They issued a challenge to determine whose authority
controlled the marketplace. The accused shot the deceased dead at
close range after taking him by surprise. The defence argued that
there was an unforeseen argument between the deceased and the
accused’s father that took the form of grappling at the time the
accused walked to the market with his father and brothers. The
accused’s father was lathed by the deceased’s servants, and it was this
beating that drove the accused to defend his father with a rifle. What
is the criminal liability of the accused(s), i.e. the father, son of father,
the two brothers and the deceased servants?
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