Penal Code, 1860–Secs. 302 & 398–Conviction–Proper Section–Evidence available on record showing that the appellant made an attempt to commit a robbery or dacoity with a toy pistol and knife–Appellant, poor labourer attempted to loot the deceased after knowing upon reiking that the deceased would carry some valuable articles from his shop to residence–During the incident of robbing, he ended up the deceased with stabbing the knife–Held, offence falls in the ambit of Sec. 304 Pt. I–Conviction altered accordingly.
