Penal Code, 1860–Sec. 302 & 447–Conviction–Proper Section–Allegation against the appellant for inflicting the injuries to deceased by a lathi is corroborated by the medical evidence–Recovery of lathi in three pieces is not sufficient to hold that no injury was inflicted by the said lathi–Death was occurred due to shock of multiple injuries–It cannot be stated that any of injury was on the vital part of body and sufficient to cause death–Appellant was provoked by the action of the deceased whereby he misbehaved his minor sister–Appellant was having the knowledge but no intention for killing the deceased–Held, conviction deserves to be altered u/s. 304-Pt. II–Sentence reduced up to the period of already undergone.
