Penal Code, 1860–Secs. 302/149, 323/149 & 147–Conviction–Proper Section–Prosecution case is based on eye-witnesses account–Involvement of appellants in crime is well proved–However, there was a land dispute and when the deceased went to get fodder from his kachha house, adjoined to the fields of appellants, some altercation took place and he suffered injuries– Most of injuries were abrasions/bruises and were not sufficient for causing the death–It can be inferred that the appellants were not having the intention for committing the murder–Conviction deserves to be altered u/s. 304 Pt. II.
