Penal Code, 1860–Sec. 302–Conviction–Proper Section–No premediation–Deceased was a housemaid of the appellant–She remained absent from duty–Appellant went to her home to call her–Altercation in regard to the payment of loan–Appellant gagged her mouth and emptied the can of kerosene which was lying nearby and lit the match stick–Incident happened in the spur of the moment–Appellant lost his self-control on some provocative utterance–Held, the case falls in the Exception III of Sec. 300 and conviction u/s. 304 Pt. II is justified.
