Penal Code, 1860–Sec. 302–Conviction–Proper Section–Both the accused-persons received the injuries in the incident–PW 3 stated that he had a danda and he had assaulted both the accused with it–Except the injury no. 1 which can be said to be caused by knife, all other injuries are abrasions and contusions–Possibility that the incident took place in a sudden fight in the heat of passion–No evidence to show that the appellant took the undue advantage or acted in cruel or unusual manner–Weapon used is a pocket knife and single injury was caused by it–Held, it would be appropriate to alter the conviction of appellant u/s. 304 Pt. I.
