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Chhota @ Koka & Ors. vs. State of Rajasthan

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Penal Code, 1860–Secs. 302, 341 & 323–Conviction–Proper Section–Cause of death was shown comma as a result of antemortem head injury–However, viscra showing that the death could be might due to common poison including alcohol–Deceased sustained eight simple injuries on non vital parts–Intention of accuseds was to give threat–C hit with iron road on the head of deceased–No case of unlawful assembly–Held, conviction of C deserves to be altered u/s 304 Pt. I–Other appellants are liable to be convicted u/s. 341 & 323.