In Brief
Shahajan Ali and others were tried for murdering Sarfraj, a goggle seller. A-1 attacked Sarfraj with a knife during a sudden altercation behind a dhaba, while others held his hands. The trial court convicted only A-1 under Section 302 IPC (murder). The High Court reversed the acquittals of the other accused and convicted all under Section 302. The Supreme Court held that there was no prior concert or common intention to commit murder. The attack arose from a sudden fight without premeditation. The Court applied Exception 4 to Section 300 IPC, reducing the conviction from Section 302 (murder) to Section 304 part II (culpable homicide not amounting to murder), and sentenced all accused to time already served.
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