Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Proper Section–Appellant assaulted the deceased with the stick and co-accused asaulted with the blunt side of axe–Deceased M died when he was taken to hospital and B died after a month of the date of incident–Place of incident is near the house of accused-persons–The possibility of quarrel taking place on account of previous enmity and in a sudden fight in the heat of moment, cannot be ruled out–Tools are easily available in any agricultural field–If the intention was to kill the deceased, there was no reason as to why the co-accused would have not used the sharp side of axe–No evidence to show that any undue advantage was taken by the accused–Conviction deserves to be altered u/s. 304 Pt. I.
