Penal Code, 1860–Secs. 302, 326 & 329–Conviction–Proper Section–Perusal of record including the testimonies of eye-witnesses shows that the appellant came to the shop of the deceased to purchase the acid bottle and he suddenly attacked the deceased and complainant–However, there was no prior enmity or any premeditation on part of appellant as he did not carry any acid bottle prior to coming to the place of the incident–He acted in a manner, which was likely to cause death in question–Incident happened on 15.05.2011 and deceased died on 25.06.2011–Offence falls within the definition of culpable homicide–Conviction deserves to be altered u/s. 304 Pt. I.
