In Brief
A Lance Naik in the Indian Army was convicted of murder under Section 302 IPC after shooting a fellow soldier during a quarrel over seniority while both were intoxicated. The Armed Forces Tribunal upheld the conviction. The Supreme Court altered the conviction to culpable homicide not amounting to murder under Section 304 IPC, holding that Exception 4 to Section 300 applied. The Court found no premeditation (only one bullet fired from a 20-round magazine), the act occurred in a sudden fight during intoxication, and the appellant had good conduct and discipline. The sentence was commuted to the 9+ years already served in jail.
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