SUPREME COURT JUDGEMENT-AS PER EXCEPTION IV TO SECTION 300 IPC, CULPABLE HOMICIDE IS NOT MURDER IF IT IS COMMITTED WITHOUT PREMEDITATION IN A SUDDEN FIGHT IN THE HEAT OF PASSION UPON A SUDDEN QUARREL AND WITHOUT THE OFFENDER HAVING TAKEN UNDUE ADVANTAGE AND NOT HAVING ACTED IN A CRUEL OR UNUSUAL MANNER.

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RAVI KUMAR			ravi.singh@courtkutchehry.com

Stalin Vs. State Represented By The Inspector Of Police, (2020) 09 SC CK 0014

A Full Bench of the Supreme Court Comprising of Justice Ashok Bhushan, Justice R. Subhash Reddy and Justice M.R Shah held that as per Exception IV to Section 300 IPC, culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage and not having acted in a cruel or unusual manner. In the present case, at the place of incident the beer was being served; all of them who participated in the beer party were friends, therefore, in the facts and circumstances, culpable homicide cannot be said to be a murder within the definition of Section 300 IPC and, therefore, in the facts and circumstances of the  case  and the manner in which the incident started in a beer party, the Full Bench opined  that Section 302 IPC shall not be attracted. Now, the next question which is posed for consideration of this Court is whether the case would fall under Section 304 Part II IPC? Considering the totality of the facts and circumstances of the case and more particularly that the accused inflicted the blow with a weapon like knife and he inflicted the injury on the deceased on the vital part of the body, it is to be presumed that causing such bodily injury was likely to cause the death. Therefore, the case would fall under Section 304 Part I of the IPC and not under Section 304 Part II of the IPC.