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As per case facts, the appellant, nursing an old grudge, suddenly attacked the deceased with a sword, inflicting a fatal chest wound when the deceased was trying to close a
...door. The deceased's wife was also assaulted. The appellant was convicted for murder and other offenses. The appeal questions whether the conviction for murder is sustainable, or if it falls under culpable homicide not amounting to murder, given the sudden nature of the quarrel without premeditation. The question arose whether the act constitutes murder or culpable homicide not amounting to murder under Section 304 Part 1 IPC. Finally, the Court found no premeditation or intention to kill, only knowledge that the act was likely to cause death. The conviction under Section 302 IPC was altered to Section 304 Part 1 IPC, and the life imprisonment sentence was modified to the period already undergone. Other convictions were confirmed and satisfied by the period served, ordering the appellant's release.
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