The Division bench comprising of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman was hearing the present matter.
The bench in the case was - hearing the appeal of the - convict, wherein the bench altered the charge of the convict from murder to culpable homicide and reduced his sentence from life imprisonment to period of 10 years already undergone in prison by him.
The court in the case observed that it being apparent from the material on record that the appellant had not premeditated the crime but the appellant had committed the same in pursuance to an altercation that led to a sudden fight and the commission of the offence in the heat of passion. Therefore, the act fell under one of the exceptions to murder and amounted to culpable homicide not amounting to murder, instead of murder.
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