Penal Code, 1860–Secs. 302/149, 147 & 149–Conviction–Proper Section–Three accused came to the place where N was filling water from the hand pump–When they gave beating to N, B came to save and received lathi blow–Previous enmity between the parties–Police found the case against two persons and third accused was implicated u/s. 319–No case is made out for conviction with the aid of Sec. 148–Fatal injury was not caused by the appellant–Case of appellant does not travel beyond the offence u/s. 323–He has served the sentence for more than 7 years 11 months–His conviction u/s. 302/149 set aside and directed to release him.
