Penal Code, 1860–Secs. 302, 302/34, 341, 341/34, 323/34 & 325/34–Conviction–Proper Section–Independent witnesses PW 1 and PW 2 did not support the prosecution story–They stated that accused P was proceeding towards his field on his motorcycle and he was waylaid by K & M–They launched the assault on P–Own axe blow of M was landed on the head of K–Numerous injuries were found on the person of P after his arrest–Prosecution
failed to explain them–Motorcycle of P was found bearing dent mark–Prosecution suppressed the genesis of occurrence and have not come with true version–Accused party was acting in the exercise of the right of private defence and exceeded the same–Conviction of P is liable to be recorded u/s. 304 Pt. I–Other appellants are entitled to be acquitted.
