Indian Penal Code, 1860
Section 302—Murder—Conviction—Alteration—Prosecution has proved beyond reasonable doubt that the injuries which were sustained by deceased were caused by the appellants—Injuries on appellants are not explained by the prosecution—Defence of accused persons is specific that, it is the deceased and prosecution witness had come in a drunken condition at the shop of second accused and they started abusing and assaulting the appellants—Defence of appellants is a possible defence—Possibility of offence being committed by appellants without pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel cannot be ruled out—Nothing on record to show that appellants had taken undue advantage or acted in a cruel or unusual manner—Appellants are entitled to benefit of doubt—Case would be covered under Part I of Section 304 of IPC—Conviction of appellants under Section 302 of IPC is altered to Part I of Section 304 of IPC—Appeals partly allowed.
[Paras 13 to 18]