A person may be convicted under culpable homicide when the intent to kill cannot be established, especially when the act occurs without premeditation during a heated altercation.

1. This appeal is directed against the judgment dated 4th of January, 1994 passed in Sessions Trial No. 189/88 by the Additional Session Judge, Baikunthpur. By the impugned judgment, the appellant has been convicted u / S.302 and S.324, IPC and sentenced to undergo imprisonment for life and R.I. for 3 years with a further direction to run the sentences concurrently.

2. The facts, briefly stated, are as under: -
Deceased - Khemchand was tenant of the appellant. He was residing in his tenanted premises along with his family members namely Rohni Prasad (PW 1), Moolchandra (PW 5) and Bhupendra Kumar Agrawal (PW 2) since 10 years. The deceased was running a grocery - shop in the front portion of the premises and the back portion was used for residential purpose. Rohni Prasad (PW 1) and Moolchandra (PW 5) are real brothers of the deceased. Bhupendra Kumar Agrawal (PW 2) is the son of the deceased. There was dispute relating to vacating the premises between the appellant and the deceased. The case of the prosecution is that on 27-12-1987 at about 10.00 a.m., the appellant along with Sampatlal Sharma (PW 12), Himkalyan (PW 6) and Takeshwar Sharma (PW 13) went to the back portion of the premises where he met deceased - Khemchand. He asked the deceased as to why they have thrown out the tijori (iron safe) from the shop? The deceased replied that it was only kept there (in back portion of the house) since long. On this account, hot exchanges begun between the appellant and the deceased and both went inside the shop. The allegations are that the appellant took out a knife from his waist and gave a knife blow to the deceased and he also gave a knife blow to Rohni Prasad (PW 1). The appellant chased Rohni Prasad, but he was caught by Sampatlal Sharma (PW 12). Deceased - Khemchand took a bicycle for going to the police station, but he fell down on the way and became unconscious. Rohni Prasad (PW 1), Moolchandra (PW 5) and Sampatlal Sharma (PW 12) took the deceased to the clinic of Dr. P.C. Kundu (PW 16), who gave him first - aid and thereafter he was shifted to Baikunthpur, Hospital. Rohni Prasad (PW 1) reported the matter to police station, Patna, on which, the First Information Report (FIR - Ex. P / 1) was registered u/S. 307, IPC . The deceased, while alive, was examined by Dr. V. K. Gupta (PW 15) who found an incised wound of 4 cm just below the right chest. It was stitched but the blood was oozing out. He also noticed one small abrasion of 1 cm x 1 cm on the right palm. The MLR is Ex. P. / 16. Rohni Prasad (PW 1) was also examined on the same day. There was an abrasion of 1 cm x 1 cm on the right portion of his testicles. Clotted blood was present over it. This was simple injury reported to be caused by sharp edged weapon. His MLR is Ex. P / 17. The deceased died on the same day during the course of his treatment in the hospital. His post - mortem examination was also conducted by Dr. V. K. Gupta (PW 15). On internal examination, he found that the above injury on the abdomen was deep to the right kidney causing a cut injury over it. He opined that the cause of death was shock as a result of above injury and it was homicidal in nature. The post - mortem report is Ex. P / 18. Appellant - Mohammad Iqbal was also examined by Dr. V. K. Gupta (PW 15) on 27-12-1987. He noticed a cut injury of 3 cm x 1 cm x 1 cm on the back portion of his right thigh and opined that this was a simple injury caused by sharp edged weapon. The MLR of the appellant is Ex. D / 3. The appellant pleaded right of private defence in his statement u/S. 313, Cr. P.C. He pleaded that when he saw that tijori (iron safe) was thr