JUDGMENT

UNTWALIA, J.:— The four appellants in this appeal by special leave are Ram Prasad alias Dhaudhar. Harbans, Mahabir and Kalwa. All have been convicted under Section 302 read with Section 34 of the Penal Code and each has been sentenced to undergo imprisonment for life under this count. All of them have also been convicted under Section 323 read with Section 24 of the Penal Code and a concurrent sentence of one year s rigorous imprisonment has been awarded to each of them for the said conviction .In substance only two points were urged in support of this appeal by the appellant s counsel and they are as follows:

(1) That the appellants committed the assault on Ram Chandra-deceased and his brother Baljit, P.W.15 in exercise of their right of private defence of property.

(2) That the conviction of none of the appellants under Section 302 with the aid of Section 34 of the Penal Code is sustainable.

We shall proceed to state only such facts of the case as are necessary for the decision of the above points.

2. The appellants and the members of the prosecution party namely Ram Chandra, the deceased, son Karori, P.W. 1 and his brother Baljit, P.W. 15 are agnatic relations. There was ba