Penal Code, 1860–Sec. 307 [Corresponding Sec. 109 of BNS, 2023]–Charge framed for the offence–Sustainability–Presence of victim at the place of incident itself was by chance–Incident was an outcome of sudden fight and not planned act–Further, there have been omnibus of allegations against all the petitioners–Injuries upon the body of victim are very simple nature which shows that there was no intention to cause murder on part of the petitioners–All the injuries are from blunt weapon and none of them are on vital part of body–Impugned order is liable to be quashed and set aside up to the extent of Sec. 307.
