Penal Code, 1860

— S. 300 Exceptions 1 and 4 — Difference between, (2006) 7 SCC 391-A

Penal Code, 1860

— S. 300 Exception 4 — Held, for bringing in its operation it has to be established that the act was committed without premeditation, in a sudden fight, in the heat of passion, upon a sudden quarrel, without the offender having taken undue advantage and not having acted in a cruel or unusual manner — Further held, <169>undue advantage<170> as used in the provision means <169>unfair advantage<170>, (2006) 7 SCC 391-B

Penal Code, 1860

— S. 300 Exception 4 — <169>Fight<170> — Held, is a combat between two and more persons with or without weapons — Further held, it is a question of fact, and whether a quarrel is sudden or not must necessarily depend upon the proven facts of each case, (2006) 7 SCC 391-C

Penal Code, 1860

— S. 302 — Held, it cannot be laid down as a rule of universal application that whenever one blow is given, S. 302 is ruled out — It would depend upon the weapon used, the size of it in some cases, force with which the blow was given, part of the body on which it was given, etc., (2006) 7 SCC 391-D

Penal Code, 1860

— S. 302 or S. 304 Pt. II — Single blow given by the appellant by picking up a lathi (initially unarmed) in course of a sudden quarrel without any premeditation and without taking any advantage or acting in a cruel manner — Held, appellant liable to be convicted under S. 304 Pt. II and not under S. 302 — Appellant sentenced to custodial sentence of eight years, (2006) 7 SCC 391-E