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Phoolu & Ors. vs. State of Rajasthan

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Penal Code, 1860–Secs. 302/149, 323, 324, 147–Conviction–Proper section–Only H was the independent witness–He did not support the prosecution case and was declared hostile–Both parties sustained the injuries–No unlawful assembly–Prosecution failed to prove the nexus between the common object and offence alleged to have been commenced–Accused RJ & H caused the head injury–Held, they are liable to be convicted u/s. 304 Pt.II–Conviction of appellants R & J is altered u/ss. 323 & 324.