Indian Penal Code, 1860
Sections 302 & 304 Part I—Murder of husband—Conviction—Alteration—Weapon used in the crime is a stick which was laying in the house, and which, by no means, can be called a deadly weapon—Possibility of appellant causing the death of deceased while being deprived of the power of self-control, due to the provocation on account of deceased not agreeing to pay money to the daughter, cannot be ruled out—Background in which the offence took place is considered and it appears that there used to be persistent quarrels between the deceased and the appellant—In one of such incidents, the leg of the appellant was fractured by the deceased, and a case was already pending against him for the said offence—Appellant is entitled to benefit of doubt, inasmuch as the offence committed shall fall under Exception I of Section 300 of IPC—Conviction of appellant is altered from Section 302 to Part I of Section 304 of IPC—Appeal allowed.
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