Short Note : 1. The incident leading to the prosecution or the appellant took place on 3rd November 1974 at 7 A. M. in Shukrawari Tori, Sagar. The deceased was passing in front of the house of the appellant. One Halke had some alteration with the deceased. At that time, the appellant came from his house and gave one pharsa blow on the head of the deceased. The deceased died on 17th November 1974. According to the evidence of Dr. T. N. Singh (P. W. 4), who performed the post-mortem examination, the injury caused was sufficient in the ordinary course of nature to cause death. Held: The question is whether the offence falls under section 302 or section 304 of the Penal Code. It is not the case of the appellant that the injury caused to the deceased was accidental, or that the appellant aimed his blow on a different part of the body but somehow the blow landed on the head. When the appellant came out with a Farsa, it must be inferred that there was an intention to inflict that particular injury found on the head of the deceased. The injury was caused by a dangerous weapon like Farsa. The blow was given with great force, as the parietal bone was cut down completely and the brain matter came out from the wound. On the face of it, the injury was serious and was sufficient in the ordinary course of nature to cause death. This is also the opinion of the doctor. In the circumstances, the case clearly falls under clause 'Thirdly' of section 300 of the Indian Penal Cede. Visa Singh v. State of Punjab, AIR 1958 SC 465 , Jayaraj v. State of Tamil Nadu, AIR 1976 SC 1519 at page 1524, relied on. Appeal dismissed.