Penal Code, 1860–Secs. 302 & 326–Conviction u/s. 302–Altered by the High Court u/s. 326–Justification–High Court converted the findings on the ground that the death occurred after six days and there was no fracture on the head of the deceased–Injury caused on the head was fatal and cause of death was the injury–Weapon was used on the head–Vital part of the body–Brain was found congested–Merely because the fracture was not found, it cannot take the case out of Section 302–Findings recorded by the High Court are in sustainable and deserve to be quashed and set aside.
