Penal Code, 1860–Sec. 302–Conviction–Sustainability and Proper Section–Circumstantial evidence–Extra-judicial confession of accused is found corrborated with other evidence–Chain of circumstances is also complete–Weapon recovered from the accused was same weapon which was used in crime–Held, appellant was rightly hold guilty–However, there was no animosity between the appellant and deceased and both were employed in field as chowkidar and driver–After having liquor at night, on some issues,heated altercation took, appellant lost the control and gave beating to deceased with stick–Injuries of head proved fatal–Occurrence was not premeditated–Held, conviction deserves to be altered u/s. 304 Pt. I.
