Panaji r rTulshidas Gaude, a resident of Marcaim, was convicted for murdering his brother Sanjay Gaude back in June 2010 and was sentenced to undergo imprisonment for life under section 302 of the Indian Penal Code (murder). The HC instead transferred the conviction to that of section 304 of the IPC (culpable homicide not amounting to murder). rDuring an altercation between both the brothers and their families, Tulshidas had struck Sanjay on the head with a stick, resulting in the latter’s death during treatment at GMC, Bambolim.rTulshidas in his appeal before the HC restricted his challenge to only the fact that the offence at the highest, can be one under Section 304 Part II of IPC as there was no premeditation on the part of the appellant to cause Sanjay’s death. He submitted that this is a case of a single blow and that had he intended to cause death of Sanjay, he would have assaulted him even thereafter. The prosecution, in fairness did not oppose this contention. “We are inclined to accept the contention on behalf of the appellant that the conviction for the offence punishable under Section 302 of IPC needs to be modified to one under Section 304 Part II of IPC,” the court ruled. r“On a careful consideration of the evidence on record, we are of the view that Tulshidas had no intention of causing death of his brother Sanjay or of causing such bodily injury as is likely to cause death,” the court observed. r“The appellant is in custody from 05/06/2010 and has, thus, suffered imprisonment for more than 7 years. The appellant has his wife and two children, who are dependent on him. There are no criminal antecedents to the discredit of the appellant, which are pointed out or brought on record. The appellant was aged 30 years on the date of the incident. Considering the overall circumstances, we find that the period already undergone would be adequate sentence, which will meet the ends of justice,” the HC ruled.