Short Note : Birsingh deceased had come to village Ratga escorting his wife to the house of his father-in-law Asharam. In the evening he went to Sukhlal and Parsadi and all of them engaged themselves in the sport of wielding lathi. During the course of the same, Birsing while wielding his lathi, happened to hit the accused. Sukhlal received an injury on his head. Enraged by the same, the accused along with parsadi chased Birsingh. Birsingh fell on the ground on receiving a lathi blow on his back by Parsadi. The accused Sukhlal snatched the lathi from Parsadi and dealt a blow on the head of Birsingh, which proved to be fatal. The accused Sukhlal was convicted under section 302 IPC. Held : On the findings arrived at by the Sessions Judge, the case against the appellant clearly falls within exception 4 to section 300 of the Indian Penal Code. There was no motive for the appellant to commit the offence. There was no previous ill will between the parties. It occurred during a sudden quarrel which developed into a fight that ensued on account of the injury caused to the accused by the deceased though accidentally. There was absolutely no premeditation. The fact and circumstances proved in the case lead to the irresistible conclusion that the appellant can only be held guilty of culpable homicide not amounting to murder. As rightly observed by the learned Sessions Judge that at the time the appellant caused the injury he knew that such bodily injury was likely to cause death and therefore the offence would be one under Part I of section 304 of the Indian Penal Code. Appeal partly allowed.