Penal Code, 1860–Secs. 302/34–Conviction–Proper Section–There was previous enmity between the parties–Accused persons were in possession of land–A month prior to the incident, FIR was lodged by the wife of appellant no. 1 against the deceased since he had tried to dispossess the appellants–There was a quarrel between the appellants and the deceased–The weapons used by the appellant are axe and sticks which are commonly used by the agriculturists–There is no material on record to show any premeditation–Possibility of offence being committed in a sudden fight in a heat of passion upon a sudden quarrel cannot be ruled out–Conviction deserves to be altered u/s. 304Pt. I.
