Penal Code, 1860–Sec. 302 (Corresponding Sec. 103 of BNS, 2023)–Conviction–Proper Section–Incident took place on a trivial issue of cleaning the nali–Informant has not assigned any overt act to the appellant and there was a general allegation that all the accused gave blows to the deceased–Evidence adduced by the prosecution is not tallying with the injury report–Only one head injury was found which can be said to be caused by the lathi–Delay of 27 hours in lodging the report–Subsequent improvements made in the prosecution story cannot be the ground of conviction u/s. 302–Offence does not travel beyond Section 304 Pt. II–Appellant suffered the custody of 13 months–Period of 36 years has lapsed after the incident–Sentence reduced up to the period of already undergone.
