Penal Code, 1860–Secs. 307 & 323–Conviction–Appeals against–Parties were having the staked claim over the possession of a certain land–A physical tussle broke out between them in heat of the moment–Compromise between the parties–Incident occurred twenty years ago–Nature of injury creates the doubt as to whether there was any intention of causing death or causing attempt to murder–It would be appropriate to replace the conviction u/s. 326–
Conviction u/s. 326 can be set aside on the ground of compromise–Further held, appellants are given the benefit of probation for the conviction u/s. 323.
