IMPORTANT POINT
Applicability of Exception 4, section 300 IPC discussed.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Chhattisgarh High Court upholding the conviction of the appellant for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 ( in short the ‘IPC’). Four persons faced trial for alleged commission of the aforesaid offence. Out of them two were found guilty by Special Judge & Additional Sessions Judge, Durg. Co-accused Puranlal and Prahlad were acquitted.

3. Prosecution version in a nutshell is as follows:

On 19-9-2000 Hiralal (hereinafter referred to as the ‘deceased’) along with Dhaneshwari (PW-1) went to his agricultural field at about 10 a.m. for blocking the water course. When Hiralal and Dhaneshwari were busy blocking the water course, accused Badku @ Komal and Posu came near Hiralal and asked Hiralal not to block the water course, on which . Hiralal said that if he will not block the water course, then water will not come to his field and his field will become dry. On that, some altercation took place between them. At that time accused Posu was carrying Chatwar (a square iron plate fitted at the one end of the stick) accused Badku was carrying lathi. Both of them started attacking with those weapons. When Dhaneshwari, daughter-in-law of Hiralal came to intervene, the accused persons pushed her as a result of which her glass bangles broke and she sustained abrasions. Blood started oozing out of the injuries sustained by Hiralal. He fell down on the field. The accused persons fled from the scene of occurrence. Dhaneshwari went to the village and informed her sister-in-law Bhanbai and the villagers. She informed her brother-in-law also. Thereafter, she along with her brother-in-law took Hiralal to the Out Post Anjora, P.S. Pulgaon. She lodged a report Ex.P/1. When Hiralal was being taken for examination to the Government Hospital, Durg he succumbed to the injuries on the way. Certificate Ex.P/18 was given by the doctor and based on that intimation Ex.P/30 was written. Based on the report Ex.P/1 Police Station, Pulgaon registered FIR Ex.P/31.

During the investigation accused Badku gave memorandum Ex.P/8, in pursuance of that he get recovered bamboo club under Ex.P/10. Accused Posu gave memorandum Ex.P/9 in pursuance of that Chatwar, a square iron plate fitted at the one end of the stick was seized under Ex.P/11.

4. After investigation, charge sheet was filed. As the accused persons pleaded innocence, trial was held. Twelve witnesses were examined to further the prosecution version. PW-1 was an injured witness. The trial Court placed reliance on the evidence of eye witnesses and found the appellant guilty. Questioning the conviction, the appellant preferred an appeal before the High Court. The stand taken before the High Court that the occurrence took place in course of sudden quarrel was not accepted. The appellant has filed this appeal primarily on the ground that even if the prosecution version is accepted in its totality, case under Section 302 IPC is not made out.

5. Learned counsel for the respondent-State on the other hand supported the judgment of the High Court.

6. For bringing in operation of Exception 4 to Section 300 IPC it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner.

7. The Fourth Exception of Section 300, IPC covers acts done in a sudden fight. The said exception deals with a case of prosecution not covered by the first exception, after which its place would have been more appropriate. The exception is founded upon the same principle, for in both there is absence of premeditation. But, while in the case of Exception 1 there is total deprivation of self-control, in case of Exception 4, there is only that heat of passion which clouds men’s sober reasons and urges them to