Penal Code, 1860–Sec. 304 Pt. I–Conviction–Proper Section–All the appellants armed with axe, farsa, and dhariya started assaulting the deceased–Though there were nine injuries on the body of the deceased, however, all these were lacerated wounds and these can be caused by the blunt side of the weapon–If the appellants had an intention to do away with the deceased, nothing prevented them from assaulting the deceased with the sharp side of weapons–From the nature of injuries, it is clear that the act was done with the knowledge that the injuries were likely to cause the death of deceased–Conviction deserves to be altered u/s. 304 Pt. II.
