Penal Code, 1860–Secs. 302, 302/34, 323, 323/34–Conviction–Sustainable against whom–Appellant V caused the knife injuries–S inflicted a lathi blow on the head of deceased–No evidence available on record that the appellants reached to house of deceased after premeditation and armed
with deadly weapons–Intention could not be established–Medical and oral evidence showing that the deceased died due to knife injuries caused by V–Held, V is liable to be convicted u/s. 302 Conviction of S deserves to be altered
u/s. 323–Sentence modified accordingly.
