Penal Code, 1860–Sec. 302–Conviction–Proper Section–Wife of deceased stated that her husband went to the house of R–Appellant came there and started abusing R–Her husband tried to persuade the accused-appellant telling him why he was abusing–Thereafter, the accused started the abuse with her husband–Deceased followed the accused and assault took place–It is not clear that what was happened between the deceased and accused thereafter–It is clear that the deceased had nothing to do with the incident–No motive has come on record as to why the appellant wanted to commit the murder of the deceased–Possibility of altercation taking place between them and in a sudden fight in the heat of passion, the appellant assaulted the deceased–Conviction deserves to be altered u/s. 304 Pt. I.
