Penal Code, 1860–Secs. 302/149, 323/149 & 148–Conviction–Proper Section–Case of the prosecution that the complainant party went to the place of the incident for sub-mitting the tender, is not found true–Possibility that feeling frustrated by their inability to file tenders, they created a ruckus and indulged in violence–Version of prosecution witnesses that the deceased was assaulted on the head by the sharp-edged weapon is not found corroborated by medical evidence–Case of the free fight between the parties–Section 149 cannot be applied–Recovery is not reliable–Possibility that the appellant J gave a blow on the head of deceased by the blunt side of axe–He is liable to be convicted u/s. 304 Pt. I–Other appellants are not guilty for the offence.
