TASMAC shop, A1 had hit him on the head with a broken a brandy bottle and A2 - A4 had sticks and they assaulted the deceased brutally. The nature of injuries was given in Ex.P9-postmotem certificate. On perusal of the same, it shows that injury Nos.1 and 2 had been on the right and left side of top of head of the deceased. The other injuries were on the upper end left ear and left side eye brow and right eye, and right side of lower jaw, right angle of mouth and right side of lower lip and left seek. Final opinion had been given by the Doctor, who had conducted postmortem and according to him, the deceased would have died of shock and haemorrhage due to head injuries. It is contended that the head injury Nos.1 and 2 were caused by A1, with a broken brandy bottle. This petitioner was having a stick in his hand and it is contended that he caused injuries on the right eye, lower jaw, lower lip, left eye and if independently examined, they could not have caused the death of the deceased. The charges against A1, A2 and A3 had also abated and the charges against this petitioner is under Section 302 I.P.C and there is no charge under Section 34 I.P.C to bring detached participation in the offence under the fold of conviction.
