When a fatal injury is inflicted without premeditation, in a sudden fight and in the heat of passion, without the assailant taking undue advantage or acting cruelly, the offence falls under Exception 4 to Section 300 IPC, constituting culpable homicide not amounting to murder punishable under Section 304 Part I IPC.

(Cause title taken from Case Information System)

Judgement on Board

Per Ramesh Sinha, C.J.

13/04/2026

1. This is a criminal appeal under Section 374(2) of the Code of Criminal Procedure filed by the appellant against the impugned judgment of conviction and sentence dated 21.08.2023 passed by the learned Additional Sessions Judge, Chirimiri, District Koria in Sessions Case No. 63 of 2020, whereby the learned trial Court has convicted and sentenced the appellant in the following manner:-

2. The brief facts of the case are that on 18.09.2020 at about 4:00 PM, when the deceased Manish Singh (aged 4 years) was walking with his father Anand Singh (PW-2) near the house of Ajay Singh at Village Katkona, at that time, the appellant Indrapal Singh came out of his house armed with an iron crowbar (sabbal) and attempted to assault Anand Singh due to previous enmity. When the complainant, Anand Singh, fled to save his life, the appellant struck the minor child Manish on his head with the iron crowbar (sabbal). The injured child was immediately taken to the Community Health Centre, Khadgagawa, where he was declared dead. The death intimation was sent by the doctor to the police on the same day, where merg intimation (Exhibit P-01) was recorded. The said merg intimation was sent to Police Station Khadgagawa, where a numbered FIR (Exhibit P-02) was subsequently registered against the accused for the offence under Section 302 of IPC.

3. The inquest (Exhibit P-03) was prepared by the police in the presence of witnesses, and the dead body was sent for postmortem examination to the Community Health Centre, Khadgagawa, where PW-10 Dr. Manish Pratap Singh conducted the postmortem and gave his report (Exhibit P-11). During the postmortem, the doctor noticed one major lacerated wound on the frontal region of the head along with multiple contusions. On opening the scalp, hematoma was found on the frontal and parietal regions, and a fracture was present on the frontal bone of the skull. Extradural hematoma was also present. The doctor opined that the cause of death was shock due to fracture of skull bone and excessive hemorrhage. The death was homicidal in nature.

4. Spot map (Exhibit P-04) was prepared. The appellant was arrested on 21.09.2020, and his memorandum statement (Exhibit P-05) was recorded, pursuant to which one iron crowbar (sabbal) was seized vide seizure memo (Exhibit P-06). The seized weapon was sent for FSL examination, and as per the report (Exhibit P-18), human blood was found on it. Statements of witnesses under Section 161 Cr.P.C. were recorded. After completion of the investigation, charge-sheet was filed before the learned Judicial Magistrate First Class, who committed the case to the Court of Sessions, from where it was transferred to the learned trial Court for its trial.

5. The learne