Penal Code, 1860–Sec. 302–Conviction–Proper Section–As per the version of the prosecution, the incident took place because the appellant was objecting for the transit of tractor from a water channel–Eye-witnesses stated that the appellant inflicted one lathi blow on the head of the deceased–However, the medical evidence showing that no lacerated wound was found on the body of deceased–Only swelling below the left ear–No fracture or grievous injury was found on the body–It is apparent that the deceased was
sitting on a tractor and she fell down and received the injuries which resulted into his death–Offence committed by the appellant does not travel beyond u/s. 323–Conviction altered u/s. 323.
