Short Note : Appellant Balram had been convicted under section 302 of the Indian Penal Code for the murder of his elder brother Jairam and sentenced to imprisonment for life. Held : This Court feels that the present case is governed by Exception to section 300 IPC and the appellant is only liable for culpable homicide not amounting to murder. Only one blow was given by the appellant without premeditation in a sudden fight in the heat of passion. From the evidence of Lakhanlal (P.W.12) it appears that the appellant did not relish his brother, the deceased, playing cards and so he had snatched the pack of cards. The deceased first told the appellant that he was trying to bully him and he would feach him a lesson and then the scuffle started. After they had fallen on the ground assaulting each other, the appellant took out the knife and stabbed the deceased. The appeal is therefore, partly allowed the conviction of the appellant under section 382 IPC is converted to section 304 Part I, Indian Penal Code. Law of Crimes, 22nd Edition by Ratanlal, page 769, relied on. Appeal partly allowed.