Penal Code, 1860–Sec. 302–Conviction–Proper Section–When the appellant came to the spot of incident, he was not carrying any lathi or/and weapon–After some altercation, on spur of moment, he gave a lathi blow on the head of deceased by which the deceased sustained three fractures on his head–Deceased was conscious and he was first taken to police station–There does not appear any intention or premeditation on part of accused–He is liable to be convicted u/s. 304 Pt – I.
