As observed by this Court in the case of Shivshankar (supra), intention is a matter of inference and when death is as a result of intentional firing, intention to cause death is patent unless the case falls under any of the exceptions. It is further observed and held that Exception 4 to Section 300 Indian Penal Code is attracted only when there is a fight or quarrel which requires mutual provocation and blows by both sides in which the offender does not take undue advantage.
8.3. In the case of Bhagwan Munjaji Pawade v. State of Maharashtra MANU/SC/0063/1978 : (1978) 3 SCC 330, in paragraph 6, this Court has observed and held as under:
6. ... It is true that some of the conditions for the applicability of Exception 4 to Section 300 exist here, but not all. The quarrel had broken out suddenly, but there was no sudden fight between the deceased and the Appellant. 'Fight' postulates a bilateral transaction in which blows are exchanged. The deceased was unarmed. He did not cause any injury to the Appellant or his companions. Furthermore, no less than three fatal injuries were inflicted by the Appellant with an axe, which is a formidable weapon on the unarmed victim. Appellant is therefore, not entitled to the benefit of Exception 4, either.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1670 of 2019
Decided On: 08.11.2019
Awadhesh Kumar Vs. State of U.P. and Ors.
Hon'ble Judges/Coram:
Arun Mishra, M.R. Shah and S. Ravindra Bhat, JJ.
