Judgment

HEGDE, J.- The appellants and one Dahya were tried before the Additional Sessions Judge, Surat in Sessions Case No. 13 of 1966 on his file. The second accused Ichhu and the afore-mentioned Dahya were tried for an offence under Section 302 read with Section 34, I. P. C. The first accused Makan Jivan and the 4th accused Jadav were tried for offences under Section 323, I. P. C. The trial Court acquitted Dahya. It convicted accused No. 2 Ichhu under Section 302, I. P. C. and sentenced him to suffer imprisonment for life. Accused 1 and 4 viz. Makan Jivan and Jadav were found guilty of offences punishable under Section 323, I. P. C. For those offences each one of them was sentenced to undergo rigorous imprisonment for one month and also to pay fine of Rs. 50/-, in default to undergo further imprisonment for 15 days. The convicted accused went up in appeal to the High Court of Gujarat but their appeal was dismissed. Thereafter this appeal was brought by special leave.

2. The accused Ichhu, Dahya and Jadav are the sons of accused Makan Jivan. The accused own a field in Survey No. 9 in the village of Ckha. The adjoining field in Survey No. 6 was owned by P. W. 2 Lallubhai: The deceas