him. As such, there was no premeditation on the part of the appellants, but on sudden provocation when they found the deceased and Munni Bai red-handed, they committed the offence on sudden quarrel that took place between the appellants and the deceased and they have also not caused injury on vital part of the body and they have also not taken undue advantage of the situation though Sohan Ram (A-2) was armed with lathi. As such, there was no intention on the part of the accused / appellants of causing death of the deceased, but they were certainly having knowledge that by the assault made by six persons to Roopnarayan by hands & fists and lathi, it is likely to cause death. The only reason behind the commission of offence is wife of Doman Ram (A-1) – Munni Bai was missing for last twenty days and the accused persons were searching for her and on being caught by Devkumar (A-3) & Sohan Ram (A-2) when they were proceeding for Village Karouli to bring back Munni Bai, the offence took place. There was no premeditation on the part of the appellants, except Sohan Ram (A-2) who was armed with lathi, no other accused person was armed with any weapon. Therefore, conviction of the appellants under Section 302 read with Section 149 of the IPC is liable to converted to one under Section 304 Part-II of the IPC, as it would fall under Exception 4 to Section 300 of the IPC.
