Single Fatal Blow Inflicted Without Premeditation During Sudden Fight Attracts Exception 4 To Section 300 IPC

On August 29, 2012, an altercation occurred at a bus stand in Lal Kuan between Pradeep and the complainant (PW-1) over a cigarette demand

Pradeep left the spot, fetched a kitchen knife from a nearby dhaba, and returned

A scuffle ensued involving the complainant and the deceased (Neeraj), who had intervened

The complainant alleged that Sanjay (Pradeep’s brother) held the deceased while Pradeep inflicted a single fatal stab wound to Neeraj's chest

The Trial Court convicted both appellants under Section 302 read with Section 34 of the IPC, sentencing them to rigorous life imprisonment

The appellants appealed on the grounds that the incident was a sudden fight without premeditation and that the evidence against Sanjay was contradictory

1. Whether the act of stabbing the deceased amounted to murder under Section 302 IPC or fell within Exception 4 to Section 300 IPC (Culpable homicide not amounting to murder)

2. Whether the appellant Sanjay shared a common intention with Pradeep to cause the death of the deceased under Section 34 IPC

The Court primarily applied Exception 4 to Section 300 of the IPC, which reduces murder to culpable homicide if committed without premeditation in a sudden fight in the heat of passion, provided the offender takes no undue advantage

It further applied Section 304 Part II of the IPC for acts done with knowledge but without the specific intention to cause death

Regarding common intention, the Court applied Section 34 IPC and relied on Chellappa v. State, which requires proof of a shared prior mind rather than mere presence

It also followed Narayan Yadav v. State of Chhattisgarh to distinguish the stages of determining "murder" versus "culpable homicide"

The Court found that the incident lacked premeditation because the quarrel arose spontaneously over a cigarette; the weapon was a kitchen knife grabbed from a nearby table in the heat of the moment, not brought to the scene

The presence of injuries on Pradeep corroborated a "sudden fight" involving mutual blows

The Court determined that no "undue advantage" was taken as only a single blow was struck during a scuffle where the deceased was an intervenor rather than the original target

Regarding Sanjay, the Court noted that independent witnesses (PW-5 and PW-8) contradicted the complainant, stating Sanjay either arrived after the stabbing or was at a distance, thus failing to prove he "held" the deceased or shared a common intention to kill

Therefore, the Court concluded the act was culpable homicide not amounting to murder under Section 304 Part II

The sentence of life imprisonment was reduced to the period already undergone (over 7 years)

The fine and compensation orders were upheld, and the appellants were ordered to be released forthwith