Law:

Section:

(a) penal Code (XLV of 1860)-Ss.302/34 8t 324/?4-[Murder-case-Appreciation of evidence Accused acknowledging their relationship Inter se and with complainant party-Occurrence also admitted by accused but offensive alleged to have been first taken by complainant party and accused party having acted in self-defence-Beating of complainant party man, triggering off sequence of events culminating in death of one of complainant party men and injuries to several other man of complainant party also admitted by defence-Prosecution witness first beaten stating in detail whole course of events but no question put to him in cross-examination to imply his harbouring of any sustained enmity towards accused so as to falsely implicate them for murder-Nor possible on basis of a mere indirect business transaction for complainant party men to attack their own relations on amount of a beating given by one member of accused party-Prosecution version supported by recovery of blood-stained earth from place of occurrance-Land subject of dispute admitted by an accused to have belonged to a member of complainant party and to have been cultivated by such accused-Reasonable to assume accused having not reconciled to becoming mere tenants of such land and thus refusing to give real owner his due share of produce-Prospect of losing land-motive for attack on deceased and his partisans and sufficient corroboration of ocular testimony furnished by injured prosecution witnesses-Injured prosecution witnesses and deceased suffering about 40 injuries while accused party having only 11 injuries of simple nature-Place of incidents, nature of arms used by accused, and injuries caused by them-Indicate accused and not complainant party being aggressors-No occasion on facts of case for deceased abed his companions to attack one of accused's partymen for in such case such person would have come in for a much severer beating and neither be nor his companion could have succeeded in belabouring deceased and prosecution witnesses-Hatchet, crime weapon, admitted by accused concerned to have belonged to him, stained with human blood-Recoveries of other articles together with admitted facts, notwithstanding…

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