IMPORTANT POINT
Where, on a sudden quarrel, a person in the heat of the moment picks up a weapon which is handy and causes injuries, one of which proves fatal, he would be entitled to the benefit of this Exception provided he has not acted cruelly.

JUDGMENT

R.K. Agrawal, J.

This appeal has been filed against the judgment and order dated 02.09.2008 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 209-DB of 1998 whereby the Division Bench of the High Court confirmed the order dated 26.03.1998 passed by the court of Additional Sessions Judge, Faridkot in Sessions Case No. 33 of 1995 wherein the appellant herein was convicted under Sections 302, 307 and 324 of the Indian Penal Code, 1860 (in short `the IPC') and sentenced to imprisonment for life along with fine.

2. Brief facts:

(a) Prosecution story, in brief, is that there was dispute between one Shri Amrik Singh-the complainant and his relatives on one side and accused persons on the other side regarding their turn of irrigating their fields. On account of this, earlier also there had been incidents of assaulting each other. In the circumstances, both the parties were facing proceedings under Sections 107/151 of the Code of Criminal Procedure, 1973 (in short `the Code') before the Executive Magistrate, Faridkot.

(b) On 17.02.1995, when both the parties had come to the court of Executive Magistrate, Faridkot, the complainant (PW-1) along with his family members, viz., Raj Singh (PW-3), Harbans Singh (since deceased), Sukhchain Singh (PW-2), Mander Singh, Santa Singh (since deceased), Gursewak Singh, Banta Singh and others was present in the court premises whereas from the side of accused Surain Singh (the appellant-accused) along with Jhanda Singh, Jasmail Singh, Darshan Singh, Pal Singh, Boota Singh had also come to the court in order to attend the proceedings.

(c) At about 11:00 a.m., both the sides started quarrelling and had a heated exchange of words as Surain Singh (the appellant-accused) objected to the presence of Bhajan Singh, who was relative of Amrik Singh and not a party to the proceedings. Surain Singh-the appellant-accused, took out his Kirpan and gave a blow to Bhajan Singh. When the complainant party tried to stop the appellant-accused, he gave a Kirpan blow to Mander Singh. He also assaulted Harbans Singh (since deceased) with Kirpan. Darshan Singh also took out his Kirpan and started giving blows to Santa Singh (since deceased). The injured were taken to Guru Gobind Singh Medical Hospital Faridkot, where Santa Singh and Harbans Singh succumbed to their injuries.

(d) A First Information Report (FIR) being No. 14 dated 17.02.1995 was registered at Police Station, Faridkot by the complainant under Sections 302, 307, 324, 326, 148, 149 of the IPC and the case was committed to the Court of Sessions as Sessions Case No. 33 of 1995.

(e) Learned Additional Sessions Judge, vide order dated 26.03.1998, convicted the appellant-accused under Sections 302, 307 and 324 of the IPC and sentenced him to undergo rigorous imprisonment (RI) for life along with fine for the murder of Harbans Singh and Santa Singh. The appellant herein was further sentenced to rigorous imprisonment (RI) for 1 (one) year for the offence under Section 324 of the IPC with the direction that all the sentences shall run concurrently. Since we are not concerned with the conviction and sentence passed against the other accused in the present case, we refrain from referring to the same.

f) Being aggrieved by the order dated 26.03.1998, the appellant herein preferred an appeal being Criminal Appeal No. 209-DB of 1998 before the High Court. The Division Bench of the High Court, vide order dated 02.09.2008, partly allowed the appeal of the appellant-accused while maintaining the conviction and sentence with regard to murder of Harbans Singh under Section 302 of the IPC, infliction of injury to Sukhchain Singh under Section 307 of the IPC and infliction of injuries on the person of Bhajan Singh and Mander Singh under Section 324 of the IPC and acquitted him of the charge under Section 302 of the IPC for the commission of murder of Santa Singh.

g) Aggrieved by the order dated 02.09.2008, the appellant-accused has filed this appeal b