In Brief
The State of Rajasthan challenged the High Court's conviction of Leela Ram under Section 304 Part-II (culpable homicide not amounting to murder) instead of Section 302 (murder) for attacking his brother with an axe to the skull. The Supreme Court held that consistent eyewitness evidence, medical evidence showing a fatal blow to the skull, recovery of the bloodstained weapon, and the attempt to inflict a second blow (witnessed by five persons) all demonstrated the accused's intention to cause death. The Court rejected the High Court's assumption of only one blow and its finding of lack of premeditation. The Court ruled that Exception 4 to Section 300 (sudden fight) could not apply where the deceased was unarmed and the assault unprovoked. The appeal was allowed, conviction under Section 302 was restored, and life imprisonment imposed."
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