Penal Code, 1860–Secs. 302, 302/34, 323 & 341–Conviction–Proper Section and sustainable against whom ?–Prosecution suppressed the genesis of occurrence–No motive was alleged–Injuries sustained by the father of appellants were not explained by the prosecution–As per the site plan, the scuffle was taken place outside of the house of the father of appellants–Deceased remained in SMS hospital for four days but the record of treatment was not proved by the prosecution–Incident did not take place in the manner as alleged by the prosecution–Appellant RK inflicted the lathi blow in the exercise of right of private defence and exceeded the right–He is liable to be convicted u/s. 304 Pt. II–Appellant RR is entitled to be acquitted from the charge.
