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Head Note

Indian Penal Code,1860  - Section 307 , Section 34

Conviction - Sustainability - Appellant (accused) was convicted by Trial Court u/s. 307 r/w s. 34 of IPC and was sentenced to 3 years and 6 months RI - Aggrieved appellant filed an appeal, which was dismissed by HC - Hence, instant appeal - Held, fact that bullet injuries suffered by PW1 were not from the pistol of appellant and that PW2 had not suffered any bullet injury and that she suffered only minor abrasions caused on account of fall while running, and having regard to weak evidence on the latter part of s. 34 of IPC on participation in commission of offence, proper sentence on appellant would be 2 years of RI - Order accordingly.

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