JUDGMENT

 Two points arise in this appeal. The first one is whether the appellant had a right of private defence when causing the death of Kaka Singh in order to save his mother Gurnamo and the second one is if he had no such right, what is the nature of offence committed by him. Mr. A. N. Mulla learned counsel for the appellant has taken us through the entire evidence of the prosecution as well as the findings recorded by the High Court. After doing so and having canvassed fairly on the first point he has chosen to abandon the plea of private -defence and has mainly confined to the nature of the offence committed by the appellant. This alone would need elaboration.

2. The occurrence took place on the morning of October 2, 1979 in a street in Village Dhandyal, District Sangrur, Punjab in which the houses of the deceased as well as that of the appellant are situated. The deceased Kaka Singh was seen by the appellant coming and the latter along with three others, since acquitted, surrounded him. Firstly, the deceased was felled down and then two blows with sharp pointed and cutting weapons were inflicted on him. One was on the chest and abdomen and the other was on the back of the dec