Judgment

BHAGWATI, J.:- The appellant was tried for an offence of intentionally causing the death of one Misri Lal Rai before the Sessions Judge, Saran. The learned Sessions Judge found the appellant guilty of the offence of intentionally causing the death of Misri Lal Rai and convicted him under Section 302 as also under Section 302 read with Section 149, Indian Penal Code along with other accused and sentenced him to life imprisonment. The appellant and the other accused appealed to the High Court. A Division Bench of the High Court acquitted the other accused but came to the conclusion that so far as the appellant was concerned, he had exceeded the right of private defence to his property in causing the death of Misri Lal Rai and it accordingly altered the conviction of the appellant from Section 302 to one under S. 304, Part I and sentenced him to undergo rigorous imprisonment for ten years. The appellant thereupon preferred the present appeal with special leave obtained from this Court.

2. The appeal, by the terms of the special leave, is limited only to the question of sentence and the nature of the offence committed by the appellant and hence it is not necessary for us to go