Penal Code, 1830–Sec. 302 [Corresponding Sec. 103 of BNS, 2023–Acquittal from the offence–Prosecution failed to establish that the death of deceased was homicidal in nature on account of the injuries caused by the accused persons–Bruised marks over the dead body of deceased–Small injuries in the small intestine were not sufficient for causing the death–Plea of State that the accused-respondents were convicted u/s. 323, therefore, their presence stands established at the place of the incident–Acceptability–The conviction of an accused and, that too for the offence u/s. 302 or 307 cannot be recorded on merely raising a specious argument that the accused-persons were present–Interference declined.
