Short Note : 1. According to the prosecution, the appellant inflicted a severe blow on the head of Mst. Madvi Bhime, the deceased, by an axe. The Incident was seen by Sodi Kosa, the daughter of the deceased who was sitting along with her mother at the time of occurrence. The medical evidence led by the prosecution also establishes the fact that there was an injury resulting in fracture of the perietal bone and the same was caused by a blunt object. The evidence of the eye-witnesses indicates that the appellant-accused hit the deceased with the blunt side of the axe and did not use the sharp edged portion of the said weapon. Held : The only point which could be and was urged on behalf of the appellant was that even if the account given by the eye-witnesses duly corroborated by the medical evidence was believed, no case is made out in the circumstances brought on record for convicting the appellant under section 302 of the Indian Penal Code. It was contended that the appellant inflicted only one blow and did not cause repeated injuries. There was no intention to cause death. Had it been so, he would have hit by the sharp edged portion of the axe and even otherwise would have caused repeated blows. On the aforesaid basis, it was contended that the appellant could be convicted only for the offence punishable under section. 304 Part II of the Indian Penal Code. The learned Government Advocate could not point out any material on record to meet the aforesaid contention. On going through the record, we are of the opinion that the act of causing death was done with the knowledge that it was likely to cause death but there was no intention to cause death or to cause such bodily injury as is likely to cause death. Had the appellant any intention to cause death, he would have naturally used the sharp edged blade of the weapon instead of inflicting only one blow by the blunt side of the axe. 2. We, therefore, alter the conviction of the appellant for the offence under section 302 of the Indian Penal Code to that of section 304 Part II and accordingly modify the sentence and reduce the same to that of five years. Appeal partly allowed.