Penal Code, 1860–Sec. 304 Pt. I–Conviction–Proper Section–View of trial Court that the appellant was not having intention to cause death–He did not cause multiple injuries–There was no premeditation–Appellant and deceased were real brothers–Dispute arose when the deceased objected to placing of stones on the boundary–Appellant gave single blow with a wooden khalli–Conviction deserves to be altered u/s. 304 Pt. II–Sentence reduced upto the period of already undergone.
