A. Indian Penal Code, 1860 (45 of 1860), Section 304 Part 1 -- Culpable homicide not amounting to murder -- Dispute regarding a mobile phone one day prior to the occurrence -- On the date of the occurrence an altercation/ occurrence took place between both sides who happened to be at the place of occurrence regarding the mobile phone -- In the  occurrence, accused took out an iron Patti which is a carpenter’s tool from inside his trousers and gave a single blow on the deceased whereas appellant-other accused have caught hold of the deceased from his legs -- The blow was not repeated -- Thus, apparently, it is a case of a sudden occurrence on the spur of the moment after a brief altercation and accused YK has used a carpenter’s tool as a weapon inflicting a single injury only without acting in a cruel manner or taking undue advantage of the situation -- Inevitable conclusion is that the appropriate conviction should be under Section 304 Part I of IPC and not under Section 302 IPC – Sentenced to R.I for 10 years.

(Para 20, 23)

B. Indian Penal Code, 1860 (45 of 1860), Section 304 Part 1 – Culpable homicide not amounting to murder – Common intention – Acquittal – Appellant/ I.S. attributed the role of having caught hold of the deceased from his legs -- Neither was he armed and nor has any injury been attributed to him -- Had he shared a common intention with other appellant/ accused / YK to commit murder he would not have gone unarmed -- It cannot be presumed that appellant-IS was aware of the concealed weapon and accompanied YK to the spot with the common intention to commit the offence of murder – IS/ appellant/ accused given benefit of doubt, acquitted.

(Para 22)