Penal Code, 1860–Secs. 302/149 & 147–Conviction–Proper Section–Evidence of case revealing that incident happened in two parts–A trivial verbal altercation took place between the parties wherein the accused B gave a slap–In the second part, deceased came to the same place with his two companions–Fact that 15 persons armed with baseball bats and sticks, launched an indiscriminate assault on the complainant party is not found
corroborated with the medical evidence–Deceased sustained seven injuries of which two were superficial abrasions–Accused cannot be clothed with either the intention or the knowledge that by the causing injury on the chest, they could cause the death–Conviction deserves to be altered u/s. 302 Pt. II/149.


