In Brief
In this criminal appeal, the Supreme Court examined the conviction of Bhagirath for murder of Bherulal during a sudden quarrel. The prosecution relied on the testimony of an injured eyewitness (PW-6) who witnessed the deceased being struck by a farsi blow to the head. Though the trial and high courts had convicted Bhagirath under Section 302 IPC (murder), the Supreme Court modified the conviction to culpable homicide under Section 304 Part-I IPC. The Court found that the sudden nature of the fight, absence of premeditation, and single fatal blow without undue advantage brought the case within Exception 4 to Section 300 IPC. The sentence was reduced to the period already undergone.
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