Penal Code, 1860–Secs. 302/34, 323/34 & 324/34–Sustainability of conviction u/s. 302/34 –Oral evidence up to effect that the appellants S & A gave the beating to deceased with lathi and fist on the stomach–Deceased was earlier operated for eliyan i.e. part of the intestine–Incident took place in a function in the spur of the moment–No premeditation or intention for causing the death–Appellants were having no knowledge that hitting by fist on the stomach would result into the death–Appellants have already been convicted u/ss. 323/34 & 324/34–Held, conviction u/s. 302/34 is liable to be set aside.
