In this case of altercation leading to assault by 21 accused (including appellants herein) using deadly weapons resulting in death of one and injuries to others, fatal injury on deceased were caused by hard and blunt weapon on left parietal bone but, held, there was no injury corresponding to weapons used by four accused. As found by courts below, there was contradiction between oral testimony of witnesses and medical evidence in this regard. Therefore, appellants were held liable to be convicted under Ss. 326/149 instead of Ss. 302/149as there was abundant evidence on record to show that appellants attacked deceased and injured witnesses with deadly weapons. Further, conviction of appellants under Ss. 325/149, 324/149 and 323/149 was confirmed.
[Viram v. State of M.P., (2022) 1 SCC 341]