Penal Code, 1860–Secs. 302/34 & 452/34–Conviction–Proper Section–Recovery of lathi at the instance of appellant M is not reliable–As per statements of eyewitnesses, there was a dispute between two families who are neighbours–Appellants armed with lathis and stones entered into the room and assaulted the deceased and eye-witnesses–One fatal injury was caused on the head of deceased–No deadly weapon was used–No intention to kill the deceased, but the appellants had the knowledge that such bodily injuries may cause death–Conviction deserves to be altered u/s. 304 Pt. I/34.
