Penal Code, 1860–Secs. 304 Pt. II, 323, 325/149, 324, 323/149, 148 & 149–Conviction–Proper Section–Witnesses stated that the injuries were caused by axe whereas the medical report showing that the injuries were lacerated wound and abrasions–No intention for causing death–Deceased died due to the injury sustained on chest during the quarrel–18 persons were chargesheeted for the offence–View of trial Court that six persons were falsely implicated and other eleven accused were convicted for the offence u/ss. 323, 324, 325/149 & 148–Held, conviction of appellant u/s. 304 Pt. II deserves to be set aside.


