In Brief
The Supreme Court set aside a conviction for murder (Section 302 IPC) and substituted it with conviction for culpable homicide not amounting to murder (Section 304 Part II IPC). The appellant, involved in a suddenly escalating quarrel over irrigation rights at a court, drew his Kirpan (ceremonial sword) and inflicted injuries resulting in two deaths. The Court found the attack unpremeditated, without intention to kill, and arising from grave and sudden provocation in a sudden fight. Since all conditions of Exception 4 to Section 300 IPC were satisfied—no premeditation, equal footing, no undue advantage, and no cruelty—the appellant qualified for the statutory exception reducing murder to culpable homicide. The sentence was reduced to 10 years imprisonment.
The lawyer headnote and full judgment text are available to registered users.