Penal Code, 1860–Secs. 304 Pt. I, 307/34 & 323/34–Conviction–Sustainability–Complainant party attacked the accused while they were finishing the work of foundation of the land under their settled possession–Accused-party exercised the right of private defence of property–Deceased received three injuries of blunt weapon–Head injury sustained by him proved fatal for the life–Other injured also sustained the injuries of blunt weapon–Appellants also sustained the fifteen injuries in all–Incised would on the head of N–Neither any investigation was carried as to how these injuries were sustained nor any eye-witness wishpered–Prosecution evidence in regard to weapons is not reliable–Held, appellants are entitled to be acquitted.
