JAGRUP SINGH vs STATE OF HARYANA

The Supreme Court held that the appellant's act of striking the deceased with the blunt side of a gandhala in the heat of the moment without premeditation fell under Exception 4 to Section 300 IPC, thus constituting culpable homicide not amounting to murder under Section 304 Part II IPC. The Court found that the High Court erred in applying the clause Thirdly of Section 300 IPC, as the appellant acted in a sudden fight without intent to kill. The conviction under Section 302 IPC was set aside, and the appeal was allowed, reducing the charge to culpable homicide not amounting to murder.