Penal Code, 1860–Secs. 302 & 326–Conviction–Appreciation and proper Section–Plea of private defence–Version of witnesses was found corroborated with medical evidence–Deceased sustained three head injuries–Appellant was armed and deceased was unarmed–No evidence available to show that appellant was attacked by deceased or others–Held, a plea of private defence deserves to be dismissed–However, there was no premeditation and act was committed in heat of passion–No undue advantage was taken–Conviction altered u/s. 304 Pt I.
