Penal Code, 1860–Secs. 302 & 341–Conviction–Proper Section–Incident occurred because N committed some driving error and his tractor turned towards the boundary of agricultural field–Appellant annoyed and gave lathi blows–No evidence to show that he was having intention to kill the deceased–No evidence to prove pre-planning or premeditation–However, the act was done with the knowledge that it might be caused death–Offence falls in the ambit of Sec. 304 Pt. II.
