Penal Code, 1860–Sec. 302–Conviction–Proper Section–There was no pre-meditation of mind to commit murder–Appellants were not armed when they stopped the vehicle of the deceased and his friends and compelled them to alight from the same–Three accused picked up the weapons namely the sticks of casuarina tree and brick during the verbal altercation–Single blow was given to the deceased by the accused nos. 1 & 2–Exhortation to kill the deceased has not been found to be proved–Case is not of an unlawful assembly–Held, appellants are liable to be convicted u/s. 304 Pt. II–Conviction for the rest of charges is maintained.
