v.

II) – Trial and conviction u/s. 302/34 by courts below – Held: The nature of injury inflicted by accused, the part of body on which inflicted, weapons of offence and circumstances in which injury was inflicted, do not suggest that the accused had the intention to kill the deceased – Therefore, accused entitled to benefit of Exception 4 to s.300 – The case would fall u/s. 304 (Part II) – Conviction altered to one u/s. 304 (Part II) and sentence reduced to 5 years RI