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Head Note

Indian Penal Code,1860  - Section 302 , Section 304

Sec. 304 Part II - Nature of offence - The incident might have occurred on sudden provocation, there being no reason or motive - Held that the evidence of the two injured eye-witnesses is clear - This is not a case of sudden provocation and the mere absence of motive does not bring home the lesser charge.

Indian Penal Code,1860  - Section 302

Appeal against Conviction - Injured Eye witnesses - Testimony of - Parity - The courts below have painstakingly gone through the evidence and have relied heavily upon the evidence of two injured eye witnesses and the Investigating Officer together with the opinion of Dr.- PW.8 stating that the cause of death was coma as a result of injury to the brain and shock due to internal and external hemorrhage - Plea on behalf of the appellants that since the High Court has acquitted six persons, on the Doctrine of parity the appellants should also be acquitted repelled -The reasons for acquittal of the six other accused is only because they were not named in the Parcha Bayan - The State is not in appeal on this finding of the High Court - The Doctrine of parity cannot replace the substantive evidence of the two injured eye-witnesses who have been believed concurrently by the courts below.

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