Judgment

P. JAGANMOHAN REDDY, J.:- This appeal by special leave is limited only to sentence and the question is whether the offences as held proved by the High Court fall under the first part of sec. 304, I.P.C. of which the accused were convicted and sentenced or under Part II of the said section 12 accused were charged with offences of murder, voluntarily causing hurt and grievous hurt, house trespass and for rioting of whom 5 were acquitted by the Additional Sessions Judge, Rampur 7 others were convicted under section 302, read with section 149, I.P.C. for 2 offences under section 325 read with sec. 149, for three offences under section 323 read with sec. 149, as also under sec. 449, and sec. 147, I.P.C. Each of them was sentenced to life imprisonment, two years 6 months , one year and two years rigorous imprisonment, respectively, on each of the aforesaid counts. All the sentences were directed to run concurrently.

2. The incident for which the accused were convicted arose out of a dispute relating to the ownership of a vacant piece of land situated opposite to the house of Sadi Hassan, P.W. 1 who is the father of the deceased Shaukat. According to the prosecution the vacant la