JUDGMENT

B.P. Singh, J.-This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Madras dated 17.04.2001 in Criminal Appeal No. 602 of 1992. There are four appellants in this appeal. Appellant No.1, Subramani is the father of the remaining appellants namely, Venkatesan (appellant No.2), Ganesan (appellant No.3) and Govindaraj (appellant No .4). They have impugned the judgment and order of the High Court whereby while setting aside their conviction under Sections 302 and 302/34 I.P.C., the High Court found them guilty of having exceeded their right of self-defence and found them guilty of the offence punishable under Section 304 Part I read with Section 34 I.P.C. The High Court also found the appellants guilty variously of the offences under Section 324 and Section 326 I.P.C. However, the High Court acquitted them of the charge under Section 447 I.P.C. on a finding that the land in question was in their cultivating possession as tenants and therefore in the facts and circumstances of the case they could not be held guilty of the offence of criminal trespass. Apart from the appellants herein, two others namely accused Nos. 5 and 6 were