Penal Code, 1860–Sec. 302–Conviction–Sustainability and proper Section–PW-9 was the sole eye witness of incident–Her testimony was found true–Weapon of murder and broken pieces of the blanket were suddenly discovered by PW 15–Held, appellant was rightly hold guilty for the offence–Fact that deceased gave two-three slaps is not sufficient for drawing that the sudden and grave provocation was given–Case of appellant does not fall in the ambit of explanation I–However, there was no premeditation and incident occurred in a sudden quarrel–Appellant did not take any undue advantage and not acted in a cruel manner–Conviction deserves to be altered u/s. 304 Pt. II.
