Penal Code, 1860–Secs. 302, 302/34, 324/34–Conviction–Appreciation of–Defence of appellants that the complainant party was aggressor, and armed with weapons and the act was done in order to the right of private defence–Case of prior enmity–Complainant party was invited for settlement–When they reached in the house, the gate was closed and an alarm was raised for killing all of them–Appellant F caused the fire injury to deceased–K gave several swords blows on the head of A–Other two appellants also used the revolver complainant party cannot be held aggressor or forming unlawful assembly–No evidence could be produced by defence in regard to the right of private defence–Deceased was threatened by appellant K prior to the incident–Offence committed by appellants was pre-meditated and with full planning from before–Defence also failed to produce any evidence that deceased sustained the firearm injury of the hands of any of the members of the complainant party–Held, conviction was justified.
