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Ram Gopal & Anr. vs. State of Rajasthan

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Penal Code, 1860–Secs. 302/34 & 447–Conviction–Sustainability and Proper Section–Motive inferred by Court below is superficial–Bloodstained lathis were recovered from the accused-appellants–One injury was found fatal–Appellants were having enmity with K and deceased was his only guard of–Case of culpable homicide not amounting to murder–Held, conviction deserves to be altered u/s. 304 Pt. II.