Penal Code, 1860–Secs. 302, 323/149, 447 & 147–Conviction–Proper Section–As per the testimony of witnesses, dispute took place in the spur of moment–The accused side was not armed with sharp-edged weapons–They were having lathis–They were in possession of bada–Deceased tried to remove the sarso sticks from the bada and dispute started–No premeditation of minds or unlawful assembly–Appellant gave a single lathi blow to the deceased–Case falls in the category of culpable homicide not amounting to murder–Conviction deserves to be altered u/s. 304Pt. II.
