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Head Note

Indian Penal Code,1860  - Section 302 , Section 34

Conviction - Incident happened all of sudden when deceased objected to the construction of the drain by the accused in violation of an injunction order - On some altercation , three accused armed with a Gandasi and with dangs caused injuries to the deceased and PWs - Trial court convicting the said three accused relying on the evidence of PW5, PW7 and PW10 - Acquittal of other accused giving benefit of doubt - High Court confirming the said orders - Appeal against - Conviction of accused-appellants on the evidence of three injured witnesses - Incident happened all of sudden - Weapons used were in fact implements of common use which are normally carried by villagers all over India - The said weapons do not reflect any prior intention on the part of the accused to commit murder - Case under Section 302 of the IPC not spelt out - Conviction of the accused-appellants modified from sec. 302/34 to section 304 Part I r/w sec. 34 IPC - Sentence of 5 years RI for the offence imposed - Appeals dismissed with modification.

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