Penal Code, 1860–Sec. 302–Conviction–Proper section–Deceased was the second wife of the appellant–Appellant was seen chasing the deceased, however, the genesis behind the incident was not divulged by any of the prosecution witnesses–Witness examined in cross-examination admitted that both used to consume liquor–It is apparent that the appellant had no motive to hurt the deceased and some sudden quarrel took place between them–When the deceased had fallen down, appellant picked up a stone lying nearby and gave a blow thereof to the deceased–Fractured rib caused laceration of the spleen–Cause of death was shock due to internal bleeding–Act of appellant is not covered by any of four clauses contained in Sec. 300 IPC–Conviction deserves to be altered u/s. 304 Pt. II.
