Penal Code, 1860–Secs. 302, 34–Conviction–Proper Section–Delay of more than 24 hours in lodging the FIR–Explanation given by PW 1 does not seem to be plausible–Conduct of PW 1 in leaving the hospital in search of the deceased appears to be strange–He admitted in the statements u/s. 161 that he and deceased consumed liquor–He also admitted that a case was registered against him u/s. 307 with respect to the present incident–Various contradictions in his depositions–Injuries sustained by the appellants were not explained–Specific defence that deceased and PW 1 came in a drunken condition at the shop and started abusing and assaulting the appellants–Possibility of the fight between the two groups–No pre-meditation of appellants–Conviction deserves to be altered u/s. 304 Pt. I.
