Penal Code, 1860–Sec. 304 Pt. II/34–Conviction–Appreciation and proper sentence–PW 3 stated that appellant assaulted the deceased with lathi and appellant ‘S’ assaulted with kulhari on the legs of deceased–His testimony was found corroborated with the other witnesses–PW 3 also sustained the head injury–Some contradiction and exaggeration in his testimony cannot be the ground to destroy his credibility–Cause of death was the cumulative effect of injuries–Held, conviction was justified, however, looking the facts that the incident occurred at the spur of moment, appellants are living as peace-loving and law-abiding persons, sentence is required to be reduced up to already undergone.
