Penal Code, 1860–Sec. 302–Conviction–Proper Section–Evidence available on record indicates that the incident arose on a very trivial issue regarding the return of Barat in the bus, which resulted in engaging in the heated altercation, and suddenly at the spur of the moment, the appellant BH inflicted a single lathi blow on the head of deceased–No premeditation–Lathi is commonly carried in the villages–The head injury was not sufficient to cause the death in the ordinary course of nature–Held, appellant BH is liable
to be convicted u/s. 304 Pt. II–Sentence reduced up to the period of already undergone.
