Indian Penal Code, 1860: S. 300 cl. 'thirdly', Exception 4-Ingredients: Accused-Dangerously armed-Caused fatal blows on unarmed man, during an altercation-Injury sufficient to cause death in ordinary course of nature-Held, accused took undue advantage and acted cruelly-Exception 4 not applicable-Offence is one of murder-Conviction and sentence under s. 302 awarded by trial court maintained.

The accused-appellant was prosecuted for the offence of murder.

The prosecution case was that during an altercation between the accused and his neighbour the former inflicted a blow with a Kassi (spade) on the head of the latter who fell down; and thereafter the accused inflicted two more injuries on the victim; out of the three injuries the third one afflicted on the neck of the deceased was, according to the post-mortem report, sufficient to cause death in the ordinary course of nature.

The trial court convicted the accused for the offence of murder and sentenced him to imprisonment for life under s. 302 I.P.C. The High Court confirmed the conviction and the sentence.

In appeal to this Court, it was contended on behalf of the accused that the case fell under Exception 4 to s. 300 IPC inasmuch as the accused committed the offence on the spur of moment and inflicted the injuries during the quarrel in the heat of passion without any premeditation and he had no intention to cause particular injuries.

Dismissing the appeal.