Penal Code, 1860–Secs. 304 Pt. II & 324 [Corresponding Secs. 105 Pt. II & 118(1) of BNS, 2023]–Plea of State that the respondent-accused was liable to be convicted u/s. 302–Acceptability–Medical evidence up to effect that the deceased suffered a grievous injury caused with sharp cutting weapon–Incident took place in two parts–Nothing on record to show that the respondent-accused was holding any weapon when the altercation started–Held, he was not liable to be convicted u/s. 302–Further, the award of the sentence up to the period of already undergone which is about four years and five years with remission would be adequate punishment–Plea of enhancement in sentence is also liable to be negated.
