Penal Code, 1860–Secs. 302/34, 323, 325/34 & 447–Conviction–Sustainable against whom ?–Sudden fight occurred between the deceased and accused family with regard to dispute pertaining to way–Specific allegation is against the accused B who has passed away–Nothing specific is available on record against the surviving accused–There was no pre-plan on part of surviving accused pertaining to commission of crime–Jai was recovered at the instance of accused B (now deceased)–No recovery was made from the surviving accused–Held, surviving appellant D is entitled to be acquitted.
