Supreme Court of India
Ramesh Kumar @ Toni v. State of Haryana
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What the Court ordered
We are of the opinion that the case of the appellant would fall under exception 4 and be punishable under Section 304 Part I of the IPC as a single injury had been inflicted on the head F of the deceased.
Judgment, page 3
From the headnote
r PENAL CODE, 1860: ss. 300, Exception 4 and s.304 (part-I) - Culpable homi- cide not amounting to murder- During an altercation accused c giving a spade b low on head of his rival resulting in victim's death - conviction by trial court u/s 302 affirmed by High Court - Held: Prosecution story itself spells out that all conditions of Exception is to s.300 are satisfied - conviction converted to \ s.304 (part I) with custodial sentence of seven years. - CRIMINALAPPELLATEJURISDICTION: CriminalAppeal No.875 of 2009 From the Judgement and Order dated 29.04.2008 of the Hon'ble High Court of Punjab
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