Short Note : The appellant had been convicted under section 302 of the Indian Penal Code for having committed murder of Mishrilal in the morning of 6-8-1974 and had been sentenced to imprisonment for life. Held: The learned Additional Session Judge has convicted the appellant under section 302 IPC because Dr. Kelkar has stated that the injuries caused to the deceased were sufficient in the ordinary course of nature to cause death. The deceased died due to excessive bleeding because of the severance of his right hand but the Additional Sessions Judge has not considered that in cross-examination Dr. Kelkar stated that death was only likely because of the severance of his right hand To a question put by the Court he reiterated this fact which dilutes his earlier statement that the injuries were sufficient to cause death in the ordinary course of nature. Under the circumstances, the Court is of the view that conviction under section 302 be converted to section 304, Part I, IPC Jayraj v. State of Tamil Nadu, AIR 1976 SC 1519 relied on. Appeal partly allowed.