Penal Code, 1860–Secs. 302/34, 323 & 452–Conviction–Proper Section–Appellant V caused single blow on the forehead of deceased which proved fatal–No intention to commit murder–He took the injured to the hospital–Incident occurred at the spur of the moment–No previous enmity–Though appellant K was armed with lathi, yet he did not inflict any injury–Held, appellant V is liable to be convicted u/ss. 304 Pt. II, 452 & 323–Conviction of K u/s. 302/34 set aside and u/s. 452 & 323 maintained–Sentence reduced accordingly.
