Penal Code, 1860–Secs. 302, 323 & 341–Acquittal from the offence u/s. 302 by convicting the accused u/ss. 323 & 341–Appeal of State–Acceptability–Four eye-witnesses of the incident–PW 1 & PW 2 did not confirm the incident and they have not seen the beating to the deceased–They cannot be termed the eye-witnesses of the incident–As per X-ray report and fard Ex-4 & Ex-10, no injury was found on the head of deceased–It could not be proved that the death of deceased was caused due to head injury–Further, it was also not proved that the head injury was caused by the accused–Held, acquittal from the offence u/s. 302 was justified–Further held, parties entered into the compromise during the pendency of the appeal and filed the application u/s. 320(4)(b) –Respondents are acquitted from the offence u/s. 323.
