Penal Code, 1860–Sec. 302–Conviction–Proper Section–One injury was caused on the head of deceased with gandasi–No evidence available in regard to premeditation of mind of appellant-accused–No previous enmity or motive–Incident took place in all the sudden–Held, offence falls in the ambit of Exception IV of Sec. 300–Conviction altered u/s. 304 Pt. I and sentence reduced up to the period of already undergone.
