Indian Penal Code, 1860
Section 302—Murder—Conviction—Benefit of Exception 4 to Section 300 of IPC—Entitlement—Taking into consideration the nature of injuries sustained by both the accused persons as well as the deceased, the possibility of incident taking place in a sudden fight in the heat of passion, upon a sudden quarrel cannot be ruled out—No evidence to show that appellant has taken undue advantage or acted in a cruel or unusual manner—Weapon used is a pocket knife—Injuries caused by the said knife is a single injury—Appellant is entitled to benefit of exception 4 to Section 300 of IPC—Conviction of appellant under Section 302 IPC is altered to one under Part I of Section 304 IPC—Appeal allowed in part.
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