Penal Code, 1860–Sec. 302–Conviction–Proper Section–Dispute as regard to sharing the expenses of the construction of common wall–Frequent quarrels between the parties–After receiving a stick blow on head, appellant went to his house and returned back armed with gupti–He inflicted the injury on the left armpit of deceased–House of appellant was near by and there was no time gap between first and second incidents–No premeditation–Neither any undue advantage was taken by appellant nor he acted in a cruel or unusual manner–Held, conviction is liable to be altered u/s. 304 Pt. II.
