Penal Code, 1860–Secs. 302, 302/34, 307, 307/34, 341, 323, 323/34 & 120-B–Conviction–Proper Section–Though the witnesses are interested but do not seem to be cooked up–Occurrence took place in the heat of passion–Assault was made without any permeditation due to quarrel which took place in marriage ceremony–The fact that the appellant may have lathi in his hand, is not sufficient to infer an intention to kill, because availability of wood of ‘kair bush’ is very common in village area–Conviction of appellant S is liable to be altered u/s. 304 Pt. II–Conviction of other appellants is liable to be maintained u/s. 341, 323 & 323/34.
