Penal Code, 1860–Secs. 302 r/w 34 & 447–Conviction–Proper section–Deceased B died after one month and four days whereas deceased N died on spot but her cause of death was injury inflicted on thigh which was not fatal–Dying declaration of B showing that the incident took place when complainant party and deceased raised objection not to cut the tree of Roida–No premeditation or planning–No intention for causing death–Held, conviction deserves to be altered u/ss. 304 Pt. I r/w 34 & 447.