Penal Code, 1860–Sec. 302 [ Corresponding Sec. 103 of BNS, 2023 ]–Conviction–Proper Section–Incident occurred after the accused returned after consuming liquor and the deceased demanded his pending wages–This demand led to a verbal altercaton which suddenly escalated into a heated quarrel–No prior enmity–The weapon allegedly used was a vegetable cutting knife ordinary kept in the room–Cause of death was septicemia consequent to intestinal perforation–The evidence does not demonstrate that the accused-appellant acted in a cruel or unusual manner–No undue advantage was taken by him–Conviction of the appellant deserves to be altered u/s 304 Pt. II.
