ORDER : 1. Leave granted. This matter was confined to the nature of the offence. Appellant stands convicted under Section 302 of the Indian Penal Code. The case against the appellant is that he inflicted fisticuffs on the chest of the deceased who was aged around 55 years. Resultantly her ribs were fractured and the points of the fractured ribs caused perforation and rupture of the lungs and consequently she died. The question is whether the culpable homicide would remain as such or had escalated to murder as contemplated in Section 300 of the Indian Penal Code There can be no escape from conclusion that the injuries sustained by the deceased were sufficient in the ordinary course of nature to cause death. But there is difficulty to say that the accused intended those injuries. At best it is possible for us to say that the fracture of the ribs was the consequence of the fisticuffs inflicted by the accused on the old lady. 2. As it is difficult for us to ascertain the intention of the accused to cause the particular injuries sustained by her we bring down the offence to Section 304 Part-II of the Indian Penal Code As a corollary we impose a sentence of rigorous imprisonment for six years under that count. It is for the jail authorities now to calculate the period which the appellant had undergone. If he has not completed the sentence imposed by us he would complete the sentence imposed and if he had already completed the said sentence he must be set at liberty forthwith. To the above extent the impugned judgment stands modified. 3. This appeal is disposed of accordingly.