Penal Code, 1860 Secs. 302/149, 307/149, 323, 447 & 148–Conviction–Proper Section–Dispute over the possession of land–Appellants went to assault the first informant and his companions who were working in the field–Deceased was intervener and received the injuries during the course of
intervening–Appellants were having no cause to assault him–Two accusedpersons also sustained injuries which could not be explained by prosecution–Prosecution suppressed the genesis of occurrence–Deceased sustained no external injuries–He was having no prior enmity with appellants–Held conviction is liable to be altered u/s. 304 Pt. II instead of 302/149–Conviction u/s. 307/149 set aside and sentence reduced accordingly.
