Penal Code, 1860–Secs. 302, 304 Pt. II–Conviction u/s. 304 Pt. II–Altered by High Court u/s. 302–Appreciation–Death of a helpless person, aged of 22 years–Crime was committed in four steps–Appellant no. 5 who was expected to maintain the law and order, took the law in own hands and exhibited unruly behaviour in a public place and gave kick blows with the shoes on the head, chest and neck of a disperate person who was by then already beaten black and blue of the other accuseds–Further, the appellant put his weight over the deceased and compressed his neck with full force–It cannot be held that the occurrence took place at the spur of moment–Held, no error was committed by High Court in convicting the appellant u/s. 302.
