Penal Code, 1860–Sec. 302–Conviction–Proper Section–Appellant D gave kulhari blow on the head of deceased in a sudden altercation–He was unarmed and axe was belonging to the deceased–No intention to commit murder–Held, conviction deserves to be altered u/s. 304 Pt. II–Appellant R is entitled to be acquitted as no evidence of active participation of instigation was found against him.
