Penal Code, 1860–Secs. 307, 458 & 323/34–Conviction–Sentence of three years R.I.–Incident occurred in the year 1991 and appeal is pending since the year 1993–Sentence was suspended during the pendency of appeal–Limited prayer of appellants that the conviction u/s. 307 may be turned down u/s. 324 and sentence be reduced up to the period of already undergone–Nature of injury creates a doubt as to whether there was any intention of causing death or causing the attempt of murder–Appellants should be given the benefit of doubt–It would be appropriate to replace the conviction u/s. 324–Sentence reduced up to the period of already undergone.
