Penal Code, 1860–Sec. 302–Conviction–Proper Section–High Court found that the place of incident was the house of appellant–Further, the complainant party was aggressor and armed with lathis–How a person responds to a situation, would differ from person to person–Held, appellant is entitled to get the benefit of Exception 2 of Sec. 300–Conviction altered u/s. 304 Pt. I, and sentence reduced up to the period of already undergone which is about five years.


