Penal Code, 1860–Secs. 302 & 498-A–Conviction–Proper section–No pre-meditation in the commission of crime–No predetermined motive or enmity of commit the offence–Incident occurred suddenly on the issue of going village to see the ailing appellants father–Deceased-wife’s refusal to leave could lead to a heated exchange of words between them–Appellant lost his mental balance and poured kerosene on deceased setting her to burn–Held, the appellant is entitled for getting the benefit of exception 4 of Sec. 300–Conviction altered u/s. 304 Pt. II.
