The court clarifies the application of Exception 4 to S.300 IPC in cases involving sudden fights, emphasizing no prior intent to kill.

1. This criminal appeal has been filed against the judgment of conviction and order of sentence dated 07/07/2009 passed by Sessions Judge, Sagar in Sessions Trial No.206/2009 thereby convicting the appellant - Rama under S.302 of the IPC and sentencing him to imprisonment for life along with with fine with default stipulation.

2. As per prosecution story, on 09/09/2009 at about 6.00 a.m. in the morning Kilkoti alias Mukundi came from his house to Kuti and at the place of fire, started to take heat where appellant - Rama was taking. After some time a quarrel had taken place between them and thereafter appellant inflicted multiple axe injuries to Kilkoti alias Mukundi due to which, he was seriously injured and died on the spot. On hearing his shriek Premlal (PW - 1) and his wife Anita (PW - 2) came at the spot and tried to caught hold the accused but he exhorted and ran away from the place of occurrence. The incident was reported to Malkhan (PW - 5) and Ghanshyam Sahu (not examined). Malti (PW - 13), sister - in - law of Premlal (PW - 1) came at the place of occurrence. Bhalu alias Veer Singh (PW - 4) telephonically informed the Police. Report (Ex.P / 2) was lodged at Police Station, Shahgarh by Premlal (PW - 1). Dehati Marg intimation was also recorded vide Ex.P / 1. During investigation, inquest was prepared. After recording police statement, investigation proceeded and after completion of investigation, charge sheet has been filed against the appellant under S.302 of IPC. After committal, trial was commenced. Trial Court framed charge under S.302 of IPC against the appellant and he abjured his guilt and prayed for trial. In his defence, the appellant pleaded for false implication and prayed for trial.

3. The trial Court after analyzing the evidence gave a finding in para - 32 of its judgment that Anita (PW - 2), Prembai (PW - 6), Poonam (PW - 12), Malti (PW - 13), Guvandi (PW - 14), Maniram (PW - 15) and Bhalu alias Veer Singh (PW - 4) are hear say witnesses, they had not witnessed the incident and reached at the place of occurrence immediately after the incident. Main eye witness is Premlal (PW - 1). After considering their statement found appellant guilty of the offence punishable under S.302 of IPC and sentenced him as per para - 1.

4. Learned counsel for the appellant has submitted that on 09/02/2009 at 6.00 a.m. suddenly a fight had taken place between the appellant and deceased and in the heat of passion, appellant assaulted Kilkoti alias Mukundi causing serious bodily injuries. There is no shred of evidence, much less even a remote suggestion that the appellant had assaulted Kilkoti alias Mukundi with an intention to cause his death. Though the trial Court found the appellant guilty, it has not held that the bodily injuries caused by the appellant were with an intention to cause the death of Kilkoti alias Mukundi. To support the aforesaid, he has drawn our attention to the Court statement of Premlal (PW - 1) and submitted that deceased - Kilkoti alias Mukundi was adopted by Kanchhedi, uncle of Premlal (PW - 1) and it was Kilkoti alias Mukundi who was looking after and managing the property of Kanchhedi. Premlal (PW - 1) is brother of deceased - Kilkoti alias Mukundi. Anita (PW - 2) is wife of brother of deceased - Kilkoti alias Mukundi, Prem Bai (PW - 6) is widow of Kanchhedi and mother of deceased. Poonam (PW - 12) and Malti (PW - 14) are daughter of deceased - Kilkoti alias Mukundi. Kanchhedi was elder brother of Golu alias Jagatnath. Present appellant was forcing him for partition and due to the aforesaid reason on the date of occurrence, a sudden fight had taken place between them and in a heat of passion appellant assaulted Kilkoti alias Mukundi. As per P.M. re