Penal Code, 1860–Sec. 302–Conviction–Sustainability & Proper section–Deceased was lastly seen with the accused–Evidence showing that both were heavily drunk at the time of the incident–Motive proved by the testimony of witness–Accused had threatened the deceased–Blood-stains were found
on the payjama of accused–Held, the conviction was justified–However, the appellant was not carrying any weapon–Single blow on the head of deceased by stone–No undue advantage by repeating injury–Offence falls u/s. 304 Pt. I–Conviction altered accordingly.
