Penal Code, 1860–Secs. 302, 304 Pt. I–Conviction u/s. 302–Altered by High Court u/s. 304 Pt. I on the ground of nature of weapon–Though the weapon used was a phakadiyat i.e., the rough piece of wood yet the fatal injuries were caused in the second incident–The second incident can not be said to be a result of sudden provocation–Accused chased the deceased at about 12.00 in the midnight and even after the deceased reached his house, he was beaten by the accused–Deceased sustained multiple injuries on his head–Grievous injury was caused with such force which resulted in a skull fracture and a frontal wound on left side and wounds with 34 stitches–Held, impugned judgment of High Court altering the findings of the murder to one of culpable homicide not amounting to murder and consequently reduction of sentence can not be sustained.
