Penal Code, 1860: s. 304 Part I, s 300 exception 4 –Punishment for culpable homicide not amounting to murder –Appellant and the victim, both Lance Naik in the Indian Army –Altercation between them on the issue of seniority, after consumingliquor – Appellant snatched the rifle from the hands of the victimand fired one bullet at him, resulting in the death of the victim –Appellant convicted by the court martial for the offence punishableu/s. 302 rw s. 69 of the Army Act and sentenced to imprisonment forlife – Order of conviction and sentence upheld by the courts below– On appeal, held: There was no premeditation on the part of theappellant – There was a sudden fight between the appellant andthe deceased over the issue of seniority – Every possibility that thesaid issue resulted in the appellant snatching the rifle held by thedeceased and firing only one bullet in a heat of passion –Furthermore, the appellant did not run away and helped others totake the deceased to a hospital – Hence, there was no intention onhis part to kill the deceased – Appellant cannot be said to haveacted in such a cruel manner which would deprive him of the benefitof exception 4 to s. 300 – Term ‘cruel’ manner is a relative term, ifthe meaning used in common parlance is assigned, in no caseexception 4 can be applied – Thus, exception 4 to s. 300 applicable,and appellant guilty of culpable homicide not amounting to murder– Conviction of the appellant altered to the one under Part 1 of s.304 – In view of the good conduct of the appellant, he is sentencedto undergo imprisonment for the term which he has alreadyundergone – Army Act, 1950 – s. 69.