Penal Code, 1860–Sec. 302–Conviction–Proper Section–Accused-appellant was intoxicated and he gave a hard blow of slap on the face of deceased-nephew after the deceased initiated the physical altercation by slappling him–Deceased humiliated the appellant in front of several people–He was provoked and in a drunken state and lossing self control, he went and grabbed a knife from the kitchen and gave a fatal blow to the deceasednephew–Tension was running due to family matter–No intention of appellant
to kill his own nephew–Conviction deserves to be altered u/s. 304 Pt. II.
