Acquittal: Without establishing circumstantial evidence mere recovery of wheel spanner at the SOC with the accused finger prints on it would not be enough to hold the accused guilty
Appellants went to deceased’s house armed demonstrating premeditation and intention to cause injury and thus not qualifying for any exceptions under section 300 IPC
Since co-accused has used blunt side of the axe his intention was not to kill the deceased
Unlawful assembly: If a large number of persons were present it may be safe to convict only those persons against whom an overt act is proved
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