is recovery of lathi (bamboo stick) pursuant to the memorandum statement of the appellant, but there is no FSL report on record that the weapon of offence was stained with human blood. There was no premeditation or intention on the part of the appellant to cause death of the deceased. Subhi Korva had come to the house of the appellant, on which, he became angry and started chasing and assaulted her with the lathi, due to which, she fell down in the Nala and sustained grievous injuries due to fall on stone and died, which is corroborated by the statements of witnesses Luli (PW-14) and Anita (PW-15). Considering the nature of injuries which have occurred on the head of the deceased and further considering the medical evidence available on the record, it is quite vivid that appellant must have had knowledge that such injuries inflicted by him would likely to cause her death, as such, this is a case which would fall within the purview of Exception 4 to Section 300 of IPC, as the act of the appellant herein completely satisfies the four necessary ingredients of Exception 4 to Section 300 IPC i.e. (i) there must be a sudden fight; (ii) there was no premeditation; (iii) the act was committed in a heat of passion and (iv) the appellant(s) had not taken any undue advantage or acted in a cruel or unusual manner and,
