Penal Code, 1860–Secs. 302 & 302/34–Acquittal from the offence by convicting u/ss. 323 & 325–Explanation given by the witnesses for not making any effort to save the deceased from the assault is absolutely flimsy and unacceptable–Factum of registration of FIR at 1.00 PM is doubtful–As per version of PW 11, some altercation took place while the deceased was watering his camel–He gave a lathi blow to appellant B who was alone–Statements of PW 11 are corroborated from the attending circumstances–Explanation u/s. 313 about the injuries of the deceased and appellant is found corroborated with the medical evidence–Held, Court below rightly recorded the conviction of B for the offence u/ss. 323 & 325–However, involvement of G is not proved–He is entitled to be acquitted.
