In Brief
Two brothers, Udiya and Nakuda, became engaged in a sudden, unpremeditated fight. During the scuffle, Udiya picked up a stone and struck Nakuda on the head, resulting in death. The trial court and High Court convicted Udiya of murder under Section 302 IPC. The Supreme Court affirmed the conviction of causing death but reduced the charge from murder to culpable homicide not amounting to murder (Section 304) because there was no premeditation, prior feud, or evidence of intention to cause death. The Court reduced his sentence to time already served (over six years imprisonment) since the offence occurred in 1999 and he had already been incarcerated for six years before bail."
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