Penal Code, 1860–Secs. 302 & 34–Conviction–Proper Section–Sufficient evidence on record to show that the accused stopped the assault after the deceased had fallen down–He threw the weapon and left the place of occurrence saying that the victim had fallen–This fact shows that there was no intention for killing the deceased–Occurrence was happened in the spur of the moment upon a heated exchange of words between the parties after criminal trespass by the appellants on the land of the deceased–Held, conviction u/s. 304 Pt. I r/w. 34 is proper–Sentence modified accordingly.
