The central legal point established in the judgment is the application of sudden and grave provocation as a mitigating factor in determining the appropriate conviction under the Indian Penal Code.

( 1 ) THIS appeal has been preferred against orders of conviction and sentence dated 24-3-1981, passed by VII Additional Sessions Judge, Kanpur in ST. No. 41 of 1980, State v. Sheo Chandra Singh, by which the appellant has been convicted under Section 302, IPC and has been sentenced to undergo imprisonment for life.

( 2 ) ACCORDING to prosecution, the occurrence did take place on 15-12-1979 at 12-00 a. m. noon. The FIR was lodged on the same day at 3-30 p. m. at police station Bindhnu, District Kanpur, which is at the distance of 7 miles from the place of occurrence. FIR was lodged by Sarju Singh containing the fact that his son Udai Bhan Singh had gone to field to irrigate land from canal in Bhainsahi Har of village Kalyani Purwa on 15-12-1979. At about 12. 00 noon when he was preparing Nali, appellant Sheo Chandra Singh, resident of his village went there and raised objection. He insisted that he would irrigate the land. Exchange of hot talk did take place when Chandra Bhan Singh and Ravi Bhan Singh, other two sons of informant Sarju Singh, reached there. Kallu Singh and Ram Gopal Singh, who were going on bicycle on the patri of the canal, also reached there but Sheo Chandra Singh who was already having country made pistol, fired on his son Udai Bhan Singh, who died on the spot. Sheo Chandra Singh ran away along with country made pistol.

( 3 ) POST-MORTEM examination on dead body of Udai Bhan Singh, aged about 25 years was done in mortuary of Kanpur. Following ante-mortem injury was found on his body -1. Firearm wound of Entry 4 cm. x 31/2 cm. x Vertebrae deep over front of lower part of neck, just above the suprasternal notch, more on right side. Blackening, charring and tatooing was present around the wound.

( 4 ) RIGOR Mortis was present on both upper and lower extremities, but there was no sign of decomposition. Muscles and vessels were lacerated. Four wadding pieces were found embedded underneath the right clavicle at its medial end and 30 small pellets were embedded in the muscles, vessels and vertebra. Larynx was fractured. Four small pellets were found embedded in the lung tissues. Three small pellets were found in cavity right side. Oesophagus was lacerated and congested underneath the injury. 2 oz. Semi-congested material was found in the stomach, small intestine was half full and large intestine was containing faecal matter. In the opinion of the Doctor, death was due to shock and haemorrhage as a result of firearm injury.

( 5 ) RAM Sagar Yadav, the then Station Officer, made investigation, prepared inquest report, recorded statement of witnesses under Section 161. Cr. P. C. prepared site-plan, recovered blood stained and plain earth from the spot and after completing the investigation, submitted charge-sheet against the accused.

( 6 ) PROSECUTION examined P. W. 1 Sarju Singh, eye-witness, P. W. 2 Chandrika Prasad, constable who carried the dead body for the post-mortem examination, P. W. 3 Constable Ram Ashery, who prepared chick report, P. W. 4 Dr. S. N. Pandey, who performed autopsy on the dead body of Udai Bhan Singh in mortuary on 16-12-1979 at 1-30 p. m. , P. W. 5 Chandra Bhan Singh is another eye-witness of the occurrence and brother of the deceased. P. W. 6 is Ram Sagar Yadav, who made investigation and submitted charge-sheet.

( 7 ) ACCUSED denied that he did commit murder of Udai Bhan Singh. It is alleged that Sarju Singh, father of the deceased was involved in the case under Section 302, IPC on account of Chhabi Nath, brother of the appellant. Therefore, Sarju Singh was carrying bad blood against Chhabi Nath. There was dispute of landed property also for which a Panchayat was called for and due to this reason the appellant has been falsely implicated in this case.

( 8 ) THE appellant examined D. W. 1 Udai Singh, who is Telegraphist of Lower Ganga Canal Department. He has stated that if the level of the water in the canal is below 6 ft. , the fields cannot be irrigated from the canal. On 15