(1) SPECIAL leave in this appeal was limited to the nature of offence and sentence. (2) THE facts established by the prosecution are that while the deceased was easir himself in the khandahar which the appellant claims belongs to him, the appellant came all of a sudden armed with a sota and dealt repeated blov^ on the head with such force that there was multiple fracture of the skull resulting in his instantaneous death. The case is clearly covered by thee test laid down by this court in Virsa Singh v. State of Punjabi The testimony of Dr Srivastava who performed an autopsy of the dead body shows that the comminuted fracture of left temporal bone and fissured fracture of left parietal bone could not have been caused except when the blows with the sota were inflicted with great force. The contention that the case is covered by Exception 1 to S. 300 of the Indian Penal Code, 1860 cannot be accepted for the act of the deceased in easing himself at the khandahar would not give rise to provocation which is either grave or sudden. The act of the appellant clearly falls within clause Thirdly to S. 300 and he has rightly been held guilty of culpable homicide not (sic) amounting to murder punishable under Section 302 of the Indian Penal Code. (3) FOR these reasons, the appeal fails and is dismissed. The bail bond of the appellant stands cancelled and he will surrender forthwith to serve but the remaining part of the sentence.