Penal Code, 1860–Secs. 302, 302/149, 148, 323 & 341–Conviction–Proper Section–Fatal injuries were given by accused J & R by iron rods–Though the eye witnesses are the relatives of deceased yet their presence is found established in view of injuries sustained by them and story of prosecution–However,the evidence available on record showing that there was no premeditation and incident took place in spur of moment without any consultation–No evidence to show that the accuseds assembled to achieve the common object– Held, both the appellants are liable to be convicted u/s. 304 Pt. II–Conviction of appellant L u/s. 302/149 deserves to be set aside.
