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As per case facts, the Appellant was convicted for the murder of a rickshaw puller named Rakesh, who was assaulted with a cemented stone/tile after a quarrel, leading to his
...death. The Appellant appealed the conviction, arguing that the incident was a spontaneous altercation without premeditation, thus falling under culpable homicide not amounting to murder rather than murder. The question arose whether the act amounted to murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 IPC. Finally, the court concluded that the incident occurred in the heat of the moment without premeditation, without the offender taking undue advantage or acting in a cruel or unusual manner. Therefore, the conviction was altered from Section 302 IPC to Section 304 Part I IPC, and the Appellant was sentenced to the period of imprisonment already undergone, which was 7 years, 8 months, and 10 days, maintaining the fine.
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