Penal Code, 1860–Sec. 304 Pt. II/34–Conviction–Proper Section–Trial Court rightly concluded that PW 4, 5 & 6 were not the eye-witnesses of incident–PW 3, who was the injured eye witness, did not mention the exact description of weapon individually hold by the accused-persons–He suppressed the genesis of occurrence–He failed to explain the injuries of accused–Accused-persons exceeded the right of private defence, therefore, they cannot be convicted for the offence punishable u/s. 304 Pt. II with the aid of Sec. 34–Each accused would be liable for the particular injury inflicted by him–Both the appellants can at best be convicted for the offence u/s. 323.
