Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Proper Section–Accused-appellant purportedly inflicted a stone blow on the head of deceased–Subsequenty, he allegedly pushed the deceased from a height of approximately ten feet resulting in her fall and immediate death at the scene–Deceased sustained fracture of ribs and injury of lungs–There is no evidence to show that the assault was pre-meditiated or carried out with a deliberate plan to kill the deceased–Act can be characterized as culpable homicide not amounting to murder aligning with the provisions of Sec. 304Pt. II–Conviction deserves to be altered accordingly.
