Summary
The Supreme Court accepted the injured eyewitness’s account of the fatal assault but altered the conviction from murder to culpable homicide under section 304 Part I IPC. The blow was inflicted during a sudden quarrel without premeditation, and the Court found that the circumstances attracted Exception 4 to section 300. The sentence was reduced to the period already undergone, with immediate release unless the appellant was required in another case.
Issues
- Whether the injured eyewitness reliably established the assault.
- Whether the circumstances attracted the sudden-fight exception to murder.
Provisions considered
- Section 300, Exception 4, Indian Penal Code, 1860The sudden quarrel, absence of premeditation and manner of assault satisfied the exception on the facts found by the Court. (¶ 7)
- Section 304, Part I, Indian Penal Code, 1860The fatal intentional assault was treated as culpable homicide not amounting to murder rather than an acquittal or a knowledge-only offence. (¶¶ 7, 8)
Held
- The eyewitness’s injuries were medically supported and lent assurance to his presence and account. No convincing reason warranted disbelieving him. (¶ 6)
- The fatal blow was inflicted in a sudden wordy quarrel without premeditation. Considering the manner of occurrence and injury, the Court found no undue advantage and applied Exception 4 to section 300. (¶ 7)
- Conviction was modified to section 304 Part I and the sentence reduced to time already served. The appellant was to be released forthwith unless required in another case, and the appeal was allowed. (¶¶ 7, 8, 9)
Result
Appeal allowed; conviction under section 302 IPC altered to section 304 Part I. Sentence reduced to the period already undergone; immediate release unless required in another case.