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Head Note

Indian Penal Code,1860  - Section 302 , Section 304

Murder - Nature of Offence - Culpable homicide is not a murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner - Held - Present case cannot be said to be a case punishable under Section 302 IPC but a case falling under Exception 4 to Section 300 IPC - Appellants is punishable under Section 304 Part I IPC.

Topic(s)-Offence converted to culpable homicide not amounting to murder.

Important Decision(s)- Culpable homicide is not a murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.