LAW FOR ALL

whether the case in hand would be covered under the exceptions predicated in Section 300, IPC, so as to apply Section 304, IPC – be it Part I or Part II thereof. The facts of the present case would indicate that the accused, in particular accused No. 5, at the relevant time, was deprived of the power of self­control by grave and sudden provocation due to repeated unauthorised entry on the fields belonging to accused party. Further, the solitary fatal blow on the vital part of the head by accused No. 5 caused the death of Bhura Ram (deceased). The provocation was not invited by the accused party, but was obviously at the instance of the complainant party, who entered the fields unauthorizedly despite the objection taken by the complainant party in that regard on the same day earlier. However, as the death of Bhura Ram (deceased) was caused by the act of accused No. 5 giving one fatal blow on the head, which was with the intention of causing his death or causing such bodily injury as is likely to cause death, the case would be covered by Section 304 Part I, IPC. It is certainly not a case to simply proceed under Section 326 of the IPC, as held by the High Court. We disapprove that approach of 22 the High Court. Even if the High Court had justly applied Section 326, IPC, we fail to appreciate as to how the High Court could have imposed sentence only for a period (about five months) undergone considering the nature and gravity of the offence and the background in which it is committed by the accused party, in particular, accused No. 5.