Penal Code, 1860–Secs. 302/149, 307, 323, 324, 143, 147 & 148–Acquittal of all eleven accused–High Court convicted the appellant A1 & A3 for the reason that their presence and participation in the crime was proved by the evidence of one of the witnesses–Role of A 3 is confined to kicking, hitting and throwing chili powder rather than assaulting any of injured person or the deceased with the knife–Appellate Court was under obligation to hear the appellants u/s. 235(2) on the point of sentence–A1 has spent eleven years in the custody–Held, the conviction of appellants is liable to be set aside.
