ORDER : 1. The appeal has been filed against the judgment of the Division Bench of the High Court of Jaipur at Rajasthan in Criminal Appeal No. 493 of 1998 confirming the conviction of the appellant-accused for the offences punishable under Section 302 and Section 323 of the Penal Code, 1860 (for short ?IPC"). The appellant has been sentenced to undergo life imprisonment and also to undergo six months? simple imprisonment for the aforesaid offences respectively. One Jagdish lost his life on 27-3-1997 on account of the injuries sustained by him, alleged to have been inflicted by the appellant-accused. Though several points have been urged in support of the appeal, finally, it was submitted that the conviction under Section 302 IPC may not be proper on the facts of the case, when only one lathi-blow was given in the course of a quarrel. Learned counsel appearing for the respondent State submitted that it cannot be laid down as a rule of universal application that when only one blow is given the case would be outside the umbrella of Section 302 IPC. 2. As has been rightly submitted by the learned counsel for the respondent State there cannot be a general rule that whenever only one blow is given application of Section 302 IPC is ruled out. In the circumstances of the case and considering the nature of the injuries sustained, genesis of the dispute and the fact that only one lathi-blow was given by a small lathi, we feel that it would be appropriate if the provisions of Section 304 Part II IPC are applied, and we order accordingly. Sentence of eight years? rigorous imprisonment will meet the ends of justice. The conviction and sentence for the offence punishable under Section 323 IPC will remain unaltered. The appeal is allowed to the extent indicated above. Appeal Partly allowed.