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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANUPINDER SINGH GREWAL, KIRTI SINGH
Harey Ram – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Kirti Singh, J.
The instant appeal is directed against the judgment of conviction dated 29.10.2009 passed by the learned Sessions Judge, Ludhiana whereby the appellant was convicted for commission of offence under Section 302 IPC in FIR No.63 dated 17.04.2006 registered at Police Station Division No.7, Ludhiana and vide order dated 29.10.2009 he was sentenced to undergo imprisonment for life and to pay fine of Rs.2000/-, in default of payment of fine to further undergo RI for six months.Factual matrix
2. The genesis of the prosecution is embodied in the FIR to which Ex.PD/2 is assigned. It is recorded therein that the present case was registered on the basis of the statement given by the complainant Ramji Rai (brother of deceased) before the police on 17.04.2006 to the effect that he alongwith his younger brother Vajra Rai were present in the dairy of Kuku No.48, Tajpur Road, Ludhiana and on reaching the dairy No.48-A they saw his brother Vajra Rai having an altercation with the appellant Harey Ram. The complainant Ramji Rai and Raju Kumar tried to pacify the appellant. However, he did not relent and gave a brick blow on the forehead of Vajra Rai and on an alarm being rais
The court modified conviction from murder to culpable homicide under Section 304 IPC, establishing that the incident arose from sudden provocation and was not premeditated.
The court held that when a death occurs from a single blow in the heat of passion during a sudden quarrel, it may be classified under Section 304 IPC instead of Section 302 IPC.
The appellate court modified the conviction from Section 302 to Section 304 IPC, recognizing the absence of premeditation and intention to kill during a sudden altercation influenced by the accused's....
Exception IV to Section 300 IPC allows for culpable homicide not amounting to murder in cases of sudden fights or quarrels without premeditation or undue advantage.
The court clarifies the application of Exception 4 to S.300 IPC in cases involving sudden fights, emphasizing no prior intent to kill.
The main legal point established in the judgment is the application of legal provisions and case laws to determine the nature of the offence and the intention of the accused.
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