By- Komal, Shri Ramswaroop Memorial University Lucknow
The division bench of Justice Ananda Sen and Justice Subhash Chand set aside the murder convictions of a man who caused the death by blow of a hammer on the head, committing ‘ culpable homicide’ in a sudden provocation/ Sudden quarrel
The Jharkhand High Court held that the case falls under section 300 exception 4 of IPC which penalizes culpable homicide not amounting to murder if the act is done without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without having taken undue advantage or acted in a cruel.
Court further held in the case Sri Ram Sharma V. State of Jharkhand that eye witness and also from the medical evidence that only one blow was given on the head of the deceased without premeditation in a sudden fight. since the appellant had already been in custody for more than ten years therefore the appellant be released.
References
Section 300 Exception 4 of Indian Penal Code, 1860
https://indiankanoon.org/search/?formInput=exception%204%20to%20section%20300%20of%20ipc
Death By A Hammer Blow On Head: Jharkhand High Court Says Culpable Homicide On Sudden Provocation Not Murder, Intention To Kill Not Shown (live law. in)
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