Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Proper Section–Examination of the injuries sustained by the deceased and postmortem report indicates that the deceased received single injury on his head, which was identified fatal and the primary cause of death was hemorrhagic stroke in the brain–There is no evidence to suggest that the assault was premeditated or carried out with a deliberate plan to kill the deceased–Actions of the accused demonstrated a reckless disregard for human life rather than an outright intention of murder–Conviction deserves to be altered u/s. 304 Pt. II.
