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Head Note

Indian Penal Code,1860  - Section 302 , Section 34

Appeal against Conviction - Murder - Since there was no premeditation on the part of the appellants and the incident was a sudden fight and considering the injuries it cannot be said that the accused have taken undue advantage of the situation - The offence would fall under Section 300 IPC Exception 4 - The conviction of the appellants under Section 302/34 IPC is liable to be altered to one under Section 304 Part I IPC - The appellants sentenced to undergo imprisonment for a period of ten years.

Topic(s)-Offence modified to Culpable Homicide not amounting to murder

Important Decision(s)- The incident was a sudden fight and considering the injuries it cannot be said that the accused have taken undue advantage of the situation- The conviction of the appellants u/sec. 302/34 IPC is liable to be altered to one u/sec 304 Part I IPC.