Exception (IV) of Section 300 IPC consists of the following 4 essential elements:
in a sudden fight;
in the heat of passion upon a sudden quarrel and
the offender not having taken any undue advantage or acted in a cruel or unusual manner.
In a recent case of Vijay Kumar Gupta & anr v. State of UP, The Allahabad High Court converted the conviction for murder under Section 302 IPC to culpable homicide not amounting to murder by applying Exception IV of section 300 of IPC.
The case involved two appellants Vijay Kumar Gupta and his father Muneshwar Dayal and the victim whom the accused-appellant 1 shot following a feud between the victim and Vijay Kumar Gupta, the feud happened at the market around 6 pm and the accused-appellants were found at his house while he was on his way home the same day. The first attempt on the victim was by the accused Muneshwar Dayal who wasn’t harmed by the victim (unarmed), it was stated that accused-appellant 2 hit the victim with the buttside of the firearm he was carrying. The facts suggested that accused 1 was carrying a countrymade firearm and accused 2 was carrying a licensed pistol.
The evidence suggested that there was no proof of premeditation whatsoever, hence the first exception covered. Further, Vijay Kumar fired at the victim in a fit of anger when he saw his father hit him with the buttside of the gun establishing the second and third exception. Evidence also suggests that the accused stopped attacking the victim once he fell down, proving the final and the fourth exception. Thus, the court established that this case covers all the elements under the Exception IV of Sec. 300 of IPC.
Hence, the division bench of Justices Pankaj Naqvi and Umesh Kumar passed a verdict stating the presence of all four elements in the current case presented before the court of law.