Penal Code, 1860–Sec. 302–Conviction–Proper Section–Both the injured witnesses stated that the appellant inflicted a blow of axe on the rear part of head of the deceased–No previous anmity–No intention or premeditation for causing death but the injury was caused in spur of moment–Held, conviction of appellant deserves to be altered u/s. 304 Pt. I–Sentence reduced accordingly.
