Penal Code, 1860–Secs. 302 & 460 [Corresponding Secs. 103 & 331(8) of BNS, 2023]–Conviction–Proper Section–Incident occurred in the midnight when the appellants R & D went to farmhouse where the deceased L resisted with them and a scuffle started between them–PW 4, wife of deceased admitted that there was no previous enmity between the deceased and appellants and infact the appellants were unknown to her on the date of occurrence–Prosecution failed to establish that the appellants had the requisite intention or knowledge to cause the death of the deceased–PW 19, the doctor admitted in the evidence that the injuries can be caused when a person runs in the dark night and gets hit with a sharp-edged weapon–He further stated that if a person falls down on a sharp-edged weapon then similar injury may be caused on lungs and head–Appellant R caused the fatal injury–He is liable to be convicted u/s. 304 Pt. I–Appellant D deserves to be convicted for the offence u/s. 324.
