JUDGMENT

The appellant Sreedharan has been convicted by the Courts below under S. 302, I.P.C. for the murder of one Peethambaran and has been sentenced to life imprisonment.

2. The prosecution case was that deceased Peethambaran went to the house of appellant on the day of Onam celebration. The appellant and his mother were taking food in the kitchen. Peethambaran asked the appellant to give food to him but the appellants wife objected and asked Peethambaran to go out. Peethambaran became furious and while daring the appellant for not giving food he kicked the plate containing food served to the appellant and went out of the house on the road. He challenged the appellant to come out. The appellant with a dagger followed him and caught him at about 81 feet away from the house and gave dagger blow.

3. On the above facts it was argued before the High Court that the culpable homicide was not murder because it was committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel. The High Court rejected the contention and convicted and sentenced the appellant under Section 302, I.P.C. This Court issued notice restricted to the nature of offence and punishment.

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