Short Note : 1. From the evidence of Poonabai (P.W. 10), Parwati (P.W.11), Jaggo (P.W.12) and Gayapershad (P.W.13), if studied together it stands clearly established that while deceased Harprasad on the date of the incident at about 10 a.m., had gone to the prisoner appellant's house, there was an exchange of abuses between the two because the deceased Harprasad after demanding rent from his tenant had in a threatening tone asked him to vacate the house. It was in this context that the appellant picking up a 'Phavda' (Shovel) which was lying nearby with its blunt portion struck a blow on Harprasad's head, besides the two minor injuries Harprasad sustaining the process. The evidence of Dr. Brijmohan Agarwal (P.W. 6) and Arunkumar Srivastava if studied together establishes that Harprasad died of the injury which was ante-mortem, the day following. It was a case of a sudden quarrel when in a heat of passion the appellant without any premeditation dealt a blow with the blunt part of an instrument which came handy to him and the injury proved fatal. The prisoner has been rightly convicted under section 304 Part (I) IPC. Appeal dismissed.