JUDGMENT :- Special leave granted limited to the nature of offence and sentence.

2. Two appellants, who are brothers, along with their father Sardari Lal were prosecuted for an offence under Section 302 read with S. 34 and under S. 324 of the Indian Penal Code.

3. Prosecution case is that the appellants have a sweetmeat shop in Katra Baghian, Amritsar. P. W. 6 Amrik Singh is residing in a house opposite to the shop. On April 13, 1980, Sardari Lal, the father of the appellants requested Amrik Singh to permit him to tie a rope of the canopy with the projection of the house of the witness, but he did not allow the same. Sardari, Lal was offended. On April 18, 1980, a wet underwear drying-up on the roof flew away which was picked up by the 1st appellant Jawahar Lal. But when witness Amrik Singh demanded the same, the appellant had declined to return the same saying that he had found the same lying in the bazar and moreover he had not allowed his father to tie the rope. There was an exchange of abuses, but the matter ended there. In the evening on that day when Sardari Lal visited the shop of the appellant, Amrik Singh complained about the conduct of the 1st appellant Jawahar Lal. However