Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Proper Section–As per case of the prosecution, the appellant and deceased were consuming liquor at the time of the incident–Appellant was not armed–Injuries were caused using a broken bear bottle during the sudden altercation–No enmity between the appellant and deceased–He had no pre-meditation–Rupture of internal jugular vein–Case falls within the ambit of Exception 4 of Sec. 300 –Conviction deserves to be altered u/s. 304 Pt I.
