Penal Code, 1860–Sec. 302–Conviction–Proper section–Appellant himself gave the whereabouts of the deceased and came clean that a fight broke out between the deceased and him–It is clear that he committed the offence but he was having no motive/intention–He was having the knowledge what he was doing–No prior animosity or pre-plan–Held, ingredients of offence u/s. 302 are not made out–He suffered the sentence of 12 years–Conviction altered u/s. 304 Pt. I and sentence reduced up to the period of already undergone.
