Supreme Court of India
Ramkishan S/o. Madhav Shelke v. The State of Maharashtra
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From the headnote
Penal Code, 1860 : _, S. 300, Exception 4, and s.304(part-l)-Sudden quarrel-Accused giving single axe blow on head of his opponent-Victim succumbing to c injury-Held, assault undisputedly given in course of sudden quarrel, without pre-meditation and without accused taking any undue advantage- Conviction altered to one under s.304 (part-1)-Custodial sentence of JO years would suffice. Appellant did his two sons were prosecuted for an offence punishable under s. 302/34 IPC. The prosecution case was that the victim along with " his wife and two sons was living in a hut on the bank of river
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