In Brief
The appellant was convicted and sentenced to life imprisonment for the murder of his brother's son. The Supreme Court examined whether the killing constituted murder under Section 302 IPC or culpable homicide under Section 304 IPC. The Court found that the incident arose from a spur-of-the-moment altercation over land excavation, during which the appellant retrieved a firearm and fired at the deceased who had intervened. Finding no evidence of premeditation, the Court held the offence fell under Section 304 Part I IPC. The conviction was altered and the sentence reduced to ten years' imprisonment. The appeal was allowed."
The lawyer headnote and full judgment text are available to registered users.