The distinction between intention to cause death and knowledge of the likelihood of death in the context of culpable homicide not amounting to murder under section 304 Part II of the Indian Penal Code.

1. 1. The appellant, Sardar Singh, has filed this appeal against his conviction under section - 302 I.P.C. recorded by the learned Sessions Judge, Sikar, vide judgment dated, August 30, 1982, in Sessions Case No. 41/81, whereby the learned Judge sentenced him to imprisonment for life and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was further awarded six months' rigorous imprisonment. The rest of the 14 accused were acquitted of all the charges.

2. In brief, the facts of the case are that one Baru Singh lodged a report at Police Station, Neem ka Thaisa at 7.15 p.m. on 8th August, 1981 for an incident which had taken place at 3 or 4 p.m. on the same day. It was alleged in the said report that a Panchayat was called at the residence of Baru Singh by Mai Singh, Prem Singh, Amar Singh and others to resolve a land dispute between the relations at 3 or 4 p.m, When the Panchayat was going on, there was exchange of hot words between Banne Singh and Sardar Singh, on which, Banne Singh walked out of the Panchayat. He was followed by all Die 15 accused persons and they assaulted Banne Singh. It was also stated that Banne Singh became un-conscious on account of head injuries and he was taken to hospital for his treatment. The F.I.R. is Ex.P. 1. On this report (Ex.P. 1), crime No. 120/81 was registered initially under section 307 I.P.C. and other minor offences, but, subsequently, Section 302 I.P.C. was added after the death of Banne Singh The post-mortem of Banne Singh was performed by Dr. M.P. Jain, Medical Jurist, Sri Kalyan Hospital, Sikar. He found following injuries on his body:

1. Stitched wound 8 cms. long with six stitches of thread on Rt. fronto-parietal region of scalp parallel to mid line 2.5 cms. away from it.

2. Swelling around left fore-arm 10 cms. X 5 cms with two punctured wounds:

(i) 1.5 cms. X 1/2 cms. X1/2 cms. - 7 cms.

(ii) 1.5 cms. X. 1/4 cms. X1/2 cms. 10 cms. proximate
On opening of the scalp, fracture of right frontal and parietal bones of skull were also found. He also found rupture of membranes on right side. The doctor also found fracture of left radius and ulna in forearm at lower ends.In the opinion of Doctor, the cause of death of Banne Singh was intracranial hemorrhage with laceration of brain on right side as a result of external injury No. 1 described in Col. No. 2. The post-mortem report is Ex.P. 7 which has been proved by Dr. M.P. Jain.

3. After completion of investigation, the Police submitted a charge-sheet against 15 accused persons including the appellant, Sardar Singh. The learned trial court acquitted the other 14 accused persons, but convicted and sentenced the appellant under section 3021.P.C. holding that he was the author of the head injury which caused death of Banne Singh.

4. Learned counsel initially made submissions for some time on the merits of the case, but later on, he restricted his argument on the question of offence and sentence to be awarded to the appellant. However, we have gone through the statements of the eye-witnesses and minutely considered the judgment under appeal. In our view, the findings of the learned trial Judge that the appellant was the author of the fatal injury to the deceased is well founded and we have no hesitation in agreeing with the said findings.

5. Now, the question that arises for consideration is as to what offence is made out against the accused. The learned trial Judge has observed in' para No. 9 of the judgment that proceedings in the Panchayat were going on peacefully, but, all of a sudden, an altercation took place between the appellant, Sardar Singh and deceased Banne Singh for insulting one Madan Lal Purohit. It was also observed that before the Panchayat was called, there was no dispute between the parties and they had good relations. When the Panchayat was going on, the appellant, Sardar Singh, scolded Madan Lai Purohit and asked him to to go out from the Panchayat which was objected by Banne Singh and quarrel ensued. It is sa