In cases where there is no premeditation, the act is committed in a heat of passion, and there is no undue advantage taken or cruel manner of acting, the offense may fall under the fourth exception to Section 300 IPC, which reduces the offense to culpable homicide not amounting to murder under Section 304 Part I IPC.

Gopal Krishan Vyas, J.

1. In this cr. jail appeal filed by the accused appellant Mukesh S/o Ram Lal, resident of village Rajaldeshar, District Churu, the accused appellant has challenged the judgment dated 9.7.2009 passed by the learned Addl. Sessions Judge, Ratangarh in Sessions Case No. 13/2007 whereby the accused appellant was convicted for the offences under Sections 447 and 302 IPC and following sentence was passed against him for both the offences which reads as under:

"Under Section 447 IPC--Three months SI with fine of Rs.100/- and in default of payment of fine to further undergo 15 days additional sentence

Under Section 302 IPC--Life imprisonment with fine of Rs.500/- and in default of payment of fine to further undergo three months additional sentence."

2. The learned trial court while convicting the accused appellant for aforesaid offences, acquitted the accused appellant from the charges levelled against him under Section 323 and 325 IPC.

3. As per facts of the case, the first information report No. 53 (Ex. P/17) was registered at Police Station Rajaldeshar, District Churu on 21.8.2008 on the basis of Parcha Bayan (Ex. P/16) given by the deceased Smt. Santosh Devi to the police. The contents of the Parcha Bayan (Ex. P/16) reads as under:

**ipkZ c;ku Jhefr lUrks"k nsoh

fnukad 21-8-2007

oDr 10-00 AM

Jherh lUrks"k nsoh W/o Lo- /kekZjke tkfr nthZ mez 52 lky is'kk ?k:dk;Z fuoklh okMZ ua-3 jktynslj gky tSj bZykt ljdkjh vLirky jktynslj us c;ku fd;k fd esjk o esjs nsoj jkeyky dk ?kj okMZ ua-3 esa ikl&ikl esa iM+rk gSA gekjk nksukas ifjokjksa dk vkil esa ?kjsyw ckr dks yksdj dbZ fnuksa ls eueqVko py jgk gSA gekjs ?kj ds fiNs ckM+k gSA ftldh ydM+h rksM+us dh ckr dks ysdj vkt fnukad 21-8-2007 dks lqcg djhc 8 1@2 o 9 cts lh dh ckr gSa fd esjs nsoj dk yM+dk eqds'k S/o jkeyky tkfr nthZ fuoklh jktynslj vius ?kj ls rS;kjh djds vius gkFk esa bZVa dk iRFkj ysdj gekjs ?kj esa vk;k vkSj vkrs gh bZV ds iRFkj dks gkFk esa yh;s gqos esjs lhj esa pksV ekjh ftlls esjs [kwu vkus yxk rks eSaus tksj tksj ls vkokt dh rks esjh yM+dh lksuw mez djhc 20 lky rFkk gekjs ?kj iM+kSlh ckypUn iztkir dh vksjr dkuhnsoh Hkkx dj vkbZ ftUgksus chp cpko dj NqM+ok;k fQj eqds'k vius ?kj dh rjQ Hkkx x;kA fQj esjk ?kj iM+kSlh txnh'k izlkn S/o uojruey tkfr nthZ fuoklh okMZ ua-3 jktynslj vk x;k ftlus eq>s vLirky esa ykdj bZykt gsrq HkrhZ djok fn;kA c;ku nsrh gwa dk;Zokgh djsA

v- fu-

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Jherh lUrks"k nsoh**

4. As per evidence on record the injured Santosh Devi was examined by the medical officer of Primary Health Center, Rajaldeshar on 21.8.2007 and in injury report Ex. P/12 was given by him in which two injuries were found upon the body of injured. The head constable of Police Station Rajaldeshar prepared site plan and details of the occurrence and Halat Mauka (Ex. P/4 and P/4A). Due to seriousness of condition of the injured she was taken to the PBM Hospital, Bikaner on 21.8.2007 for further treatment. The cloths of the injured Santosh Devi were taken in possession by the investigating officer vide Ex. P/2 on 23.8.2007 at 8.15 pm. The blood sustained soil and simple soil were taken from the place of occurrence vide Ex. P/5. During investigation, the injured Santosh Devi died at PBM Hospital, Bikaner, therefore, Panchnama of the dead body (Ex. P/7) was prepared on 24.8.2007 and offence under Section 302 IPC was added for investigation.

5. The post mortem of dead body of late Santosh Devi was performed at PBM Hospital, Bikaner on 24.8.2007 and report (Ex. P/13) was given to the investigating officer for investigation.

6. In the post mortem report an opinion was given by the board that cause of death is comma due to head injury as mentioned in this Pm report ante mortem and sufficient to cause death in ordinary course of nature.

7. The accused appellant was arrested vide Ex. P/22 in presence of two witnesses Jaiveer Singh and Ganpant Ram and upon information (Ex. P/23) given by the accused appellant under Section 27 of the Evidence Act, one half