What does timing have to do here? May be they stayed at his place after dinner having 'fun'? What do they care about fajr?
If somebody is trespassing, i have right to act in self-defense and if i am threaten then i can use whatever it takes to save myself...
Now again, is he friend with MNA or his Son/brother etc? does his presence in MNAs house can be proved legal in off hours, remember if he was their on some legitimate business, then it should in common business hours and not 3 in the morning...
So the main question to be answered is, WTH was he doing there in odd hours?