Penal Code, 1860–Secs. 302, 304 Pt I–Conviction u/s. 302–Altered by High Court u/s. 304 Pt. I on the ground that the deceased sustained the gun shot injury while intervening the quarrel–Justification–Gunshot was fired on deceased due to grudge–Provocation was voluntary on part of respondentaccused–Such provocation cannot come to rescue him for convicting him u/s 304 Pt. I–High Court altered the conviction without proper appreciation of evidence–Conviction u/s. 302 deserves to be restored.
