Penal Code, 1860–Sec. 302–Conviction–Proper Section–Injuries were inflicted without premeditation in a sudden fight in the heat of passion–Appellant did not take any advantage and not acted cruelly or unusually–Injury was caused by a shovel, a common agricultural tool–Appellant and deceased were from the same family–Held, the case falls in Exception 4 of Sec. 300–Conviction deserves to be altered u/s. 304 Pt. I.
