Penal Code, 1860–Sec. 302–Plea of defence that the case falls u/s. 304 Pt. I or II–Deceased was unarmed whereas the appellant was carrying his service weapon–No case of the scuffle–Injury was caused on a vital part of the body–Two rounds were used by the appellant–One hit the deceased on
the neck and he died on spot–Plea negated.
