Penal Code, 1860–Secs. 302/34 [Corresponding Sec. 103/3(5) of BNS, 2023]–Conviction–Proper Section–Though the accused-appellants were having sharp weapon, they had only used the blunt side of these weapons–PW 9, son of the deceased turned hostile–Medical evidence shows that all the three deceased persons had lacerated and contused wounds–There is no material on record to show that the appellants had the intention to kill the deceased–Conviction deserves to be altered u/s. 304 Pt. I.
