[SC] IPC S. 302 – Stick as a weapon – Persistent quarrels –  Conviction under S. 302 IPC needs to be altered into Part-I of Section 304 IPC,

2023 SCeJ 0238 = PLRonline 449602

Indian Penal Code, 1860, Sections 302 and 201 – Murder – The appellant used a stick as a weapon, which was lying in house, and which, by no means, can be called deadly weapon  – The persistent quarrels between the deceased and the appellant, along with the previous incident where the deceased fractured the appellant’s leg, must be taken into consideration –  Conviction under Section 302 IPC needs to be altered into Part-I of Section 304 IPC, as the appellant is entitled to the benefit of doubt – The offence committed falls under Exception I of Section 300 IPC, and the possibility of the appellant causing the death of the deceased while being deprived of the power of self-control cannot be ruled out due to the provocation on account of the deceased not agreeing to pay Rs.500/- to her daughter.