Penal Code, 1860–Secs. 302, 325 & 323–Conviction–Proper Section–Incident occurred in two parts–In second part, family members of accused and deceased participated in beating–Case of free fight leading to injuries on the members of both families–No pre-meditation or pre-planning–Appellant gave lathi blow on the head of deceased, who was aged of 65 years and not capable for sustaining such fatal injury–Held, offence comes in purview of Sec. 304 Pt. I–Conviction altered accordingly.
