Penal Code, 1860–Sec. 302/34–Cognizance for the offence–Justification–Dispute between the parties as regards the sale of land–Allegation up to effect that the accused-persons threw the stones, bricks, etc. from the roof of their house and caused the death of the deceased–Witness stated that he was sleeping nearby the deceased–However, no injury was found on his person–As per panchnama lash and postmortem report, the injuries were of simple nature and these were not the cause of death–Death was occurred due to strangulation and body of deceased was found wrinkled–Story alleged by the witness cannot be accepted in view of the medical evidence–No sufficient material for taking the cognizance–Impugned order is liable to be set aside.
