Penal Code, 1860–Sec. 307 [Corresponding Sec. 109 of BNS, 2023]–Conviction–Sustainability–There was no previous animosity of such gravity between the parties as could motivate the appellant to commit murder–At best, there existed some discord of an ordinary nature arising out of a financial transaction–It can be reasonably presumed that the appellant intended merely to hurt, chastice or frighten the victims–Accused were armed merely with lathis, injuries were predominately simple, no vitial organs were repeatedly targeted and no undue advantage was taken despite numerical superiority–Appellant is acquitted from the charge of offence u/s. 307–Conviction u/ss. 323 & 341 deserves to be upheld.
