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PETITIONER: STATE OF PUNJAB

       Vs.

RESPONDENT: GURCHARAN SINGH

DATE OF JUDGMENT:       02/09/1998

BENCH: G.T. NANAVATI, S.P.KURDUKAR

ACT:

HEADNOTE:

JUDGMENT:  JUDGMENT Nanavati. J. The respondent has been convicted under Section  304 Part I IPC and sentenced to suffer rigorous imprisonment for seven  years.  The  State  has  filed  this appeal as he was acquitted under Section 302 IPC. The High Court  has  recorded  a  finding  that  the incident  took  place  at the spur of a moment. There was no motive for committing the offence. The respondent had  given only one blow in the sudden quarrel which took place between him and the deceased. After   taking   into    consideration    all    the circumstances,  the  High  Court convicted him under Section 304 Part I IPC.  Considering the facts and circumstances  of the case, it cannot be said that the High Court was wrong in acquitting him under Section 302 IPC and convicting him only under section 304 Part I IPC. This appeal is, therefore, dismissed.