Penal Code, 1860–Secs. 302/34 & 323/34–Conviction–Proper Section– On the issue of electricity supply disconnected in previous night, when B questioned the appellants, heated exchange of words took place and appellant G slapped to B–Deceased intervened to save B and became the victim of assault–Appellants were neither armed nor they were having intention for causing the injury–Injuries were caused by iron rod and stone–Fracture of skull–Damage to brain tissues–Held, appellants are liable to be convicted u/s. 304 Pt. II instead of Sec. 302.
