Penal Code, 1860–Secs. 302/149–Applicability of Sec. 149–Prosecution failed to explain the injuries of accused–Cross-case was also registered against the complainant party for the injuries sustained by the accused persons–Though the injuries sustained by the deceased and his death have been established, yet defence of the accused that when they were coming back from the police station, complainant party started assaulting them resulting into a free fight–Material available on record shows that the accused persons did not have any intention to cause the death of anybody from the complainant party–Appellants are entitled to get the benefit of the doubt–Conviction is altered u/s. 304 Pt. II.


