IQBAL SINGH versus STATE OF PUNJAB

Citation: [2008] 12 S.C.R. 459 · Decided: 21-08-2008 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Case Partly allowed

Judgment (excerpt)

[2008] 12 S.C.R. 459 
IQBAL SINGH 
V. 
STATE OF PUNJAB 
(Criminal Appeal No.1321 of 2008) 
AUGUST 21, 2008 
Jl. 
[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM 
SHARMA, JJJ 
. 
Penal Code, 1860 - s. 300, Exception 4 - Applicability 
A 
B 
of - Discussed - On facts, held, the occurrence in question c 
took place in course of sudden quarrel, hence, Exception 4 
to s. 300 was applicable - Appropriate conviction would be u/ 
s. 304, Part I - Custodial sentence of 10 years would meet 
the ends of justice. 
Words and Phrases - "sudden fight" and "undue advantage" D 
- Meaning of - In context to s.300 !PC, Exception 4. 
According to the prosecution, the accused-
appellants armed with spades came upto the tubewell 
installed on the common land jointly owned by them E 
and the complainant party and started pulling out the 
tubewell pipes, which was objected to by the 
complainant party, on which the appellants attacked 
them resulting in death of one person and incised 
injuries to PWs 6 and 7. 
>-
The Trial Court found the appellants guilty under 
ss.302, 324 and 323 r/w s.34 IPC. On appeal, High Court 
rejected the plea raised by the appella.nts relating to non-
applicability of s.302 IPC and affirmed the conviction. 
F 
Before this Court, the appellants challenged their G 
conviction on the ground that they were exercising the 
right of private defence and in the alternative contended 
that the occurrence in question took place in the course 
of a sudden quarrel and therefore s.302 IPC had no 
459 
H 
460 
SUPREME COURT REPORTS 
[2008] 12 S.C.R. 
A application. The substantive plea related to the 
applicability of Exception 4 to s.300 IPC. 
Partly allowing the appeals, the Court 
HELD:1.1. For bringing in the· operation of 
B , Exception 4 to s.300 IPC, it has to be established that 
the act was committed without premeditation, in a 
)It 
sudden fight in the heat of passion upon a sud'den 
quarrel without the offender having taken undue 
advantage and not having acted in a cruel or unusual 
c manner. [Para 1 O] [465-GH] 
1.2. The Fourth Exception of s.300 IPC covers acts 
done in a sudden fight. The said exception deals with a 
case of prosecution not covered by the first exception, 
after which its place would have been more appropriate. 
· D The exception is founded upon the same principle, for 
ii) both there is absence of premeditation. But, while in 
the case of Exception 1 there is total deprivation of self-
control; in case of Exception 4, there is only that heat of 
passion which clouds men's sober reason and urges 
E · ·them to deeds which they wo~ld not otherwise do. There 
is provocation in Exception 4 as in Exception 1; but the 
injury done is not the direct consequence of that 
provocation. In fact Exception 4 deals with cases in 
which notwithstanding that a blow may have been 
F struck, or some provocation given in the origin of the 
dispute or in whatever way the quarrel may have 
originated, yet the subsequent conduct of both parties 
puts them in respect of guilt upon equal footing. A 
'sudden fight' implies mutual provocation and blows on 
G . ~ach side. The homicide committed is then clearly not 
traceable to unilateral provocation, nor in such cases 
could the whole blame be placed on one side. For if it 
were so, the Exception more appropriately applicable 
would be Exception· 1. There is no previous deliberation 
or determination to fight. A fight suddenly takes place, 
.H 
~ 
IQBAL SINGH v. STATE OF PUNJAB 
461 
)Ir" 
for which both parties are more or less to be blamed. It A 
may be that one of them starts it, but if the other had not 
aggravated it by his own conduct it would not have taken 
the serious turn it did. There is then mutual provocation 
and aggravation, and it is difficult to apportion the share of 
blame which attaches to each fighter. [Para 11] [466-A-F] 
B 
._ 
1.3. The help of Exception 4 can be invoked if death. 
is caused (a} without premeditation, (b} in a sudden fight; 
(c} without the offender's having taken undue advantage 
or acted in a cruel or unusual manner; and (d} the fight 
must have been with the person killed. To bring a case c 
within Exception 4 all the ingredients mentioned in it 
·must be found. The 'fight' occurring in Exception 4 to 
s.300 IPC is not defined in the IPC. It takes two to make 
a fight. Heat of passion requires that there must be no 
time for the passions to cool down and in this case, the D 
parties have worked themselves into a fury on account 
of the 

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