LAW FOR ALL

Acquittal =Death was caused by head injuries - as per doctor head injuries may be caused by iron pipe - No oral evidence that any one of the accused caused 1 - 4 heard injuries with iron pipe = medical evidence did not support the version of the prosecution = as per the prosecution case, A-1 and A-2 were armed with knives, A-4 was armed with iron rod and A-3 was holding only stick, in the absence of specific assertion by PWs 1 & 3 about the specific role of the appellant (A-3) and no medical evidence from the Doctor in the post mortem certificate, we are of the view that the conviction and the ultimate sentence in respect of the appellant (A-3) cannot be sustained. We are satisfied that both the courts below failed to take note of the fact that the medical evidence has not supported the version of the prosecution in respect of the appellant (A-3) and in fact contrary to the evidence of PWs 1 & 3, therefore, the conviction and sentence of the appellant is liable to be set aside. The conclusion of the High Court that the appellant along with others attacked the deceased with intention to cause injuries is without any basis and not supported by acceptable evidence. Therefore, the conviction under Section 302 read with Section 34 IPC insofar as the appellant is concerned is liable to be set aside.= In the light of the above discussion, the conviction and sentence of the appellant under Section 302 read with Section 34 IPC is set aside. The appeal is allowed. The appellant is directed to be released forthwith, if not required in any other case.