Penal Code, 1860–Secs. 302 & 452 [Corresponding Sec. 103 & 333 of BNS, 2023]–Conviction–Proper Section–Statements of witnesses show that the deceased played tape recorder at his house when the function of Ginad was taking place–Appellant annoyed and came with other accused and asked to stop the tap recorder–Enrged by his refusal to do so, appellant hit on the head of deceased with a spear–Injury caused by him was sufficient in normal course to cause the death of deceased–This fact is found corroborated from the evidence of doctor, injury report and postmortem report–No previous enmity between the deceased and appellant–Appellant had no intention or reason to cause death by injuring the head of deceased–Conviction deserves to be altered u/s. 304 Pt. I.
