Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Proper Section–Relations between the appellant and deceased were cordial–Whenever the deceased had any difficulty regarding his studies, he would consult the appellant–What has preceded the assault has not been witnessed by any of the witnesses–Some suggestions regarding the motive of the appellant were also denied by them–Appellant and deceased were young boys aged about 20-21 years at the time of incident–Possibility of an altercation taking place between the appellant and deceased for some reason–Appellant is entitled to the benefit of Exception 4 of Sec. 300–Conviction deserves to be altered u/s. 304 Pt. I.
