Short Note : The prosecution case was that the deceased Sulochana Bai was widow and she was living alone. Dehuti Bai, the appellant in the connected appeal and mother of respondent Thakur Ram, had a suspicion that her husband Ganesh Prasad had illicit connection with Sulochana Bai the deceased and there used to be quarrel on this account. On 19-5-1970 at about 11 A.M. when the deceased was sitting on the entrance door of her house, Dehuti Bai went to her using filthy language and after catching deceased's hair, dragged her out of her house and called her son respondent Thakur Ram Thakur Ram came with a stick and assaulted the deceased causing grievous hurt on the forehead and in consequence of which Sulochana Bai died little latter on the same day. Held : From the nature of the injury it is clear that respondent Thakur Ram gave blow with the stick with great force on the forehead which is a vital part of the body causing crack fracture 2" in length and there was blood clot which resulted in the death. The Doctor is also quite positive that the death may occur due to such injury. He also stated that it could cause instantaneous death. The Additional Sessions Judge committed a grave error in convicting respondent, Thakur Ram only for an offence under section 325 I.P.C. when prosecution has proved beyond doubt that Thakur Ram knowingly caused the injury which was likely to cause death. Therefore, the conviction of the appellant is converted from section 325 to section 304, Part II, I.P.C. Appeal partly allowed.