JUDGMENT :- This is an appeal under Section 2 of the SC (Enlargment of Criminal Appellate Jurisdiction) Act and is directed against a judgment of the Gujarat High Court by which the acquittal of accused Nos. 1, 2, 3 and 4 was reversed by the High Court and after reversal the respondents were convicted under Section 302/34 and also Section 302/144 and sentenced to imprisonment for life. The Sessions Judge had acquitted accused 2 and 3 completely but had convicted accused 1 and 4 under Section 304 (1) and sentenced them to 7 years rigorous imprisonment on the finding that these two accused had exceeded the right of private defence. The facts of the case have been detailed in the judgments of the High Court and the Sessions Judge and it is not necessary for us to detail the same.

2. It appears that the present dispute arose out of a chronic land dispute between the accused and the deceased party. In fact there is evidence to show that about three weeks before the present occurrence, one of the accused had threatened to kill the deceased and his partymen. This matter was reported to the Police Patel and the report is Ext. 14. This report was given on 28th April, 1975. The occurrence sai