( 1 ) THE appellants herein face conviction and sentence principally under S. 307 read with S. 34 of the Indian Penal Code (I. P. C.) under the impugned judgment and order in Sessions Case No. 36 of 1980 rendered on 19- 10-1981 by the learned Addl. Sessions Judge, Bhavnagar.

( 2 ) THE facts of the prosecution case indicate that the complainant Meghaji hamabhai belonged to one of the factions, namely, Kanbis and the appellants being the accused belonged to the other faction - Kolis in village Gordaka within Gadhda taluka in the District of Bhavnagar. The root cause of the assault on the complainant was some dispute with regard to the right of way. Two police constables were posted to see that there was no breach of peace in the area and that persons belonging to rival factions did not take law in their hands. It appears that the Koli group was little more powerful requiring the Kanbi seeking police protection. The appellants conviction and sentence passed by the Sessions Judge, Bhavnagar in Sessions Case No. 36 of 1980. (Only a part of the Judgment approved for reporting is published.) (referred to as the accused herein) belong to Koli community; whereas the complain