In Brief
In this case, the appellant Tularam was convicted of murdering Bhadri Lodhi during a sudden brawl in 2002 by piercing his chest with a spear-tipped wooden stick (ballam). The Supreme Court held that while the injury was caused, the conviction under Section 302 IPC (murder) could not be sustained. The Court found that the fight was sudden and unpremeditated, with no undue advantage taken. Critically, the intention to cause death could not be inferred merely from the use of the weapon. The conviction was reduced to culpable homicide under Section 304 Part II IPC. Since the appellant had already served approximately 14 years in prison, his sentence was reduced to the time already served, and he was ordered to be released immediately."
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