Penal Code, 1860–Secs. 302/34 & 201–Conviction–Proper Section–Single blow of lathi on head–Incident occurred in the spur of moment to prevent the damage of hut–No intention to cause death–Injury was not be so imminently dangerous that it must in all probability cause death–However, there was a certain knowledge of likely to cause death–Held, offence does not travel beyond Sec. 304 P.t II–Conviction altered and sentence reduced up to the period of already undergone.
