Short Note : 1. In this appeal, the appellant Gulabchand has challenged his conviction under section 302 of the Indian Penal Code for committing the murder of Premnarayan on April 10, 1973 for which he was sentenced to imprisonment for life. Held : None of the three persons-the deceased, the appellant and his father - had any preparation for the fight. Because of verbal altercation and exchange of abuses over the payment of milk charges, the quarrel suddenly flared up. As the deceased picked up a pharsa, the appellant dealt a single saria blow. This is a case of sudden fight without premeditation in the heat of passion upon a sudden quarrel and, therefore, the act of the appellant shall be covered by Exception 4 to section 300 of the Indian Penal Code. We are, therefore of the view that this is not a case where the appellant could get the advantage of the right of defence of person. The appellant's conviction under section 302 of the Indian Penal Code is, therefore, not in order and he deserves conviction under section 304, Part 1 of the Indian Penal Code. Appeal partly allowed.