Penal Code, 1860–Sec. 304 Pt. I [Corresponding Sec. 104 Pt. I of BNS, 2023]–Conviction–Appellant and his friends had gone to watch a movie–After the movie was over, they were returning back to home in the late night, they decided to take some rest beneath the bridge–Deceased said some bad words and raised his hand and slapped the appellant–However, it is not sufficient to bring the case within the ambit of grave and sudden provocation–Incident occurred at a spur of moment–The act of appellant was not pre-planned or pre-meditated–Appellant had no weapon in his hand–He picked up a cement stone and hit the same on the head of deceased–He did not take undue advantage or acted in a cruel or unusual manner–Conviction u/s. 304 Pt. I was justified–However, the sentence is reduced up to the period of already undergone.
