Absence of premeditation and intent to kill during an altercation qualifies the act as culpable homicide not amounting to murder under IPC Section 304 Part II.

Judgment :

MANOJ KUMAR GARG, J.

Instant criminal appeal has been filed by the appellant against the judgment and order dated 11.03.2025 passed by learned Additional Sessions Judge, Jaitaran, District Pali, in Session Case No.16/2019 by which the learned Trial Court convicted the appellant for offence under Section 302 IPC and sentenced him for life imprisonment along with a fine of Rs.1,00,000/- and in default of payment of fine to further undergo one year’s RI.

2. Brief facts necessary to be noted for deciding the controversy are that on 17.03.2019, complainant- Ajeet submitted a written report before the concerned Police Station to the effect that on 16.03.2019, he, accompanied by his nephew Hussain (referred to as Bhanja), traveled from Jamnagar to Raas in a tanker vehicle and subsequently parked it within the premises of Bangar Cement Factory. At that time, another driver named Irfan and his helper Vanraj were already present in the factory's parking area. Following the parking of their respective vehicles, all four individuals proceeded together to Ma Nagnarai Hotel for a meal, approximately between 9:00 and 9:30 PM. It is noted that Mahesh and Shyam Ji, who were staff members of Gujarat-based diesel tankers, were also present at the same establishment. During the course of the meal, an altercation erupted between Irfan (the accused-appellant) and Hussain (the complainant’s nephew), concerning a monetary transaction. During the heated exchange, the accused-appellant rose from his seat and returned with a knife. He then inflicted a stab wound on Hussain’s chest while using abusive language. Subsequently, the accused fled the scene with the weapon. As a result of the stabbing injury, Hussain succumbed to his injuries.

3. On the said oral report, Police registered the FIR No.44/2019 against the accused-appellant and started investigation. On completion of investigation, police filed challan against the accused-appellant for offence under Section 302 IPC.

4. Thereafter, learned Trial Court framed, read over and explained the charges for the offence under Section 302 IPC. He denied the charge and sought trial.

5. During the course of trial, the prosecution examined as many as sixteen witnesses and also got exhibited relevant documents in support of its case.

6. The accused appellant was examined under Section 313 Cr.P.C. In defence, no witness was examined.

7. Learned trial Court, after hearing the arguments from both the sides, taking into consideration and appreciating the documentary evidence and the statements of witnesses, vide judgment dated 11.03.2025 convicted and sentenced the accused- appellant for the offence under Section 302 IPC. Hence, this criminal appeal.

8. Mr. Jaikishan Haniya, counsel for the accused-appellant, has submitted that the incident in question arose spontaneously during an altercation between the deceased- Hussain, and the appellant, which took place at a hotel where both individuals were seated together. It is contended that the dispute pertained to a monetary transaction and, in the heat of the moment, the appellant inflicted a knife injury to the chest of the deceased. It is further submitted that Dr. Jitendra Singh (PW-8), who conducted the post-mortem examination, confirmed that the cause of death was the chest injury sustained by the accused- appellant. Counsel has argued that the act was not premeditated, nor was there any prior intention on the part of the appellant to cause death. The incident, he submits, occurred in a sudden fit of provocation without any deliberate or malicious intent. In