Penal Code, 1860–Secs. 302–Conviction–Proper Section–Appellant and deceased were selling the fruits regularly on the place of the incident–Dispute arose on a very trivial issue–Exchange of heated altercation–Suddenly in the spur of moment, appellant inflicted single injury on the chest of deceased–No premeditation–Knife is commonly carried on a fruit selling Cart–No opinion of the doctor that the injury was sufficient in the ordinary course of nature to cause the death–Deceased could have been saved if the proper medical aid was provided–Held, conviction is liable to be altered u/s. 304 Pt. II.
