Penal Code, 1860–Sec. 302–Conviction–Proper Section–Appellant committed the crime without any premeditation, owing to a sudden fight–Component of intention on the part of accused-appellant is clearly absent–Offence falls within the definition of culpable homicide as provided u/s. 299–Appellant has been behind the bars for last 10 years–Conviction altered u/s 304 Pt. II and sentence reduced up to the period of already undergone.
