Indian Penal Code, 1860
Section 323 read with Section 34—Conviction for voluntarily causing hurt—Sustainability—Evidence tendered by prosecution did not clearly establish the facts that appellants having assaulted the deceased and alleged injuries sustained by prosecution witnesses had remained as a bald statement without proof—In the absence of any incriminating material or other corroborative evidence pointing the participation of appellants-accused in the incident, the conviction of appellants under Section 323 read with Section 34 of the IPC cannot be sustained—Appellants acquitted.
[Para 12 & 13]