Penal Code, 1860–Sec. 302–Conviction–Proper section–Eye witnesses stated that some dispute was existing between deceased and accused–Both were indulged in altercations and quarreling–Appellant gave a lathi blow in heat of passion–No intention for causing death–No repeated injury or act in a cruel manner–Held, conviction deserves to be altered u/s. 304 Pt. II–Sentence modified accordingly.
