Penal Code, 1860–Sec. 307–Conviction–Proper Section–Injury which was placed on the record on the basis of evidence could not have been opined to be dangerous to life unless the Radiologist/Surgeon who performed the surgery was examined–In view of peculiar facts and circumstances to the case, the conviction of appellant no. 1 deserves to be scaled down from Sec. 307 to 326–Parties are the close family members and mutual compromise has been taken place–Appellant no. 2 has already expired–Conviction of appellant no. 1 deserves to be quashed and set aside.
