Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Poper Section–Appellant is the son of the deceased–He was habituated to quarrelling over demands of money to consume alcohol–On the date of incident, a quarrel ensued between them and appellant inflicted a blow on the neck of the deceased using a pair of scissors–Single injury was found in the post-mortem report–The infliction of a single blow, albeit fatal, during a sudden altercation without any prior intent or preparation militates against the conclusion that the accused-appellant harboured a deliberate intention to kill–Act appears to have been committed under a sudden provocation and in the heat of passion without premeditation–Conviction deserves to be altered u/s. 304 Pt. I.
