Penal Code, 1860–Sec. 302 [Corresponding Sec. 103 of BNS, 2023]–Conviction–Proper Section–Evidence available on record shows that the deceased was nephew of the appellant and he came to meet with the appellant–Sudden fight occurred between them–It can be informed that there was no premeditation of the appellant–Incident occurred in the midnight–All the injuries were not on the vital parts of body–PW 1 came to the spot and saw that both the deceased and appellant were having the sticks in their hands–He took apart both of them–Weapon used was a bomboo stick–Investigation Officer prepared the false memo of recovery at the instance of the appellant–Possibility that he suppressed the injuries of the appellant–Appellant deserves to be convicted u/s. 304 Pt. II–Directed accordingly.
