LAW FOR ALL

When the conviction can only be under section 326 read with section 149 of the IPC. instead of Sec.302 IPC = The accused were part of a large group of 25 persons and no specific role has been ascribed to them. The other accused who were similarly situated to them have been acquitted and no appeals were preferred by the State against their acquittals. Moreover, the main assailants were also acquitted. We have also carefully perused the injury certificate and the post- mortem report. Almost all the injuries were found on the hands and legs of the deceased. Though the accused were carrying deadly weapons, there is no allegation that they had caused injuries to the vital parts of the deceased or Om Prakash. There is no doubt that Bhebharam was attacked by the accused and he died due to the injuries caused by the accused. We do not see any reason to interfere with the findings of the courts below that the accused had attacked the deceased, who died due to the injuries sustained by him. For the reasons mentioned above, we are of the view that the appellants are not liable for conviction under Section 302/149 IPC. In facts and circumstances of this case, we are convinced that the conviction under Section 302/149 has to be modified to Section 326/149 IPC.