Penal Code, 1860–Secs. 302/34–Conviction–Set aside by the High Court on the ground of benefit of the doubt–View of High Court that there was a discrepancy in the ocular and medical evidence–Respondent-accused were named in the FIR–Case of the prosecution that all the accused came with the common intention to kill the deceased–It was immaterial that whether any of accused used the weapon or not–Injuries by axe could not be caused because the head of axe was caught by M–It cannot be said that there was any contradiction in the ocular and medical evidence–Prosecution succeeded in proving the case beyond the reasonable doubt–Held, High Court was not justified in acquitting the respondent nos. 1 & 2.
