Penal Code, 1860–Sec. 302–Conviction–Proper Section–Single injury–No animosity between deceased and appellant–Single blow of lathi can not give the inference that the injury caused with knowledge that injury is so imminently dangerous that in all probabilities, it would cause death–Appellant neither chased nor assaulted the eye witness PW 5–Held, offence does not travel beyond Sec. 304 Pt. II–Conviction altered accordingly.
