JUDGMENT A. H. JOSHI, J.:- Heard both sides. 2. Perused the record. 3. The appellant was charged under Section 302 of the Indian Penal Code in Sessions Trial No.121 of 2004 for committing murder of one Marotrao Sonaji Avatade. 4. The learned Ad-hoe Additional Sessions Judge, Washim, has convicted the appellant and sentenced him to suffer Imprisonment for life and to pay a fine of Rs.1000/-, in default to suffer further R.T. for a period of two months. 5. The prosecution has relied upon two eye witnesses PW-1 Gitabai Maroti Awatade and PW-2 Baban Kisan Agham and Medical Witness PW-8 Dr. Ashvinkumar Baburao Sapate. 6. Other witnesses examined by prosecution relate to recovery of weapons, spot panchanama etc. Those are not of much importance. 7. The daughter of accused had attempted to commit suicide. The accused went to Hospital to attend his ailing daughter. There he came to know that she had died. Being enraged due to said news, the accused took up Rapi i.e. cobular's cutting instrument with sharp blade and caused injuries to Marotrao Sonaji Avtade, his daughter's father in law. Victim succumbed to those injuries. 8. The injuries and cause of death is proved by PW-8. The description of injuries as deposed by PW-8 reads as follows: …………………… "I noticed following antemortem injuries over the dead body. 1. Incise wound on left cheek vertically placed over Malar eminence, 3 cm x ½ cm by skin deep, redish. 2. Two incised wounds, 7 cm apart nearly parallel on anterior chest wall obliquely placed in mammary and infra mammary region, across midline 12 cm x ½ x skin deep, lower 10 cm x skin deep, both redish. 3. Stab wound on chest, vertically placed in left mid axillary line over 5th and 6th ribs of size 5 cm x 1½ cm x thorasic cavity deep. Both angels sharp and clean cut. Both margins sharp, regular and clean cut directed medially and anteriorly and upwards, redish. 4. Five incised wounds on anterior abdominal wall over epigastirum and left hypochondrium, 3 cm x ½ cm x skin deep to 6 cm x ½ skin deep redish. 5. Incised wound on anterior abdominal wall vertically placed, 5 cms left to Umbulicus, 6 cm x I cm x Subcutneous tissue deep, redish. 6. Incised wound on anterior abdominal wall Horizontally placed, 4 cm right to umbilicus. 5. Incised wound on anterior abdominal wall vertically placed, 5 cms left to Umbulicus, 6 cm x I cm x Subcutneous tissue deep, redish. 6. Incised wound on anterior abdominal wall Horizontally placed, 4 cm right to umbilicus. 7 cm x 1 cm x subcuteneous tissue deep, redish. 7. Incised wound on anterior abdominal wall, 3 cm below lateral end of injury no.6 obliquely placed 2½ cm x ½ cm skin deep, redish. 8. Stab wound on anterior abdominal wall obliquely placed in left iliac fossa of size 5 cm x 3 cm x abdominal cavity deep, few coils of small intestine protruding out. Both angles sharp and dean cut, both margins sharp, regular and clean cut, directed posteriorly medially and upwards, redish. 9. Incised wound on back obliquely placed, 4 cm left midline, 2 cm below 12th rib of size 5 cm x 1 cm subcuteneous tissue redish. 10. Incised wound on left arm, lateral aspect obliquely placed in middle third, 1½ cm x ½ cm x subcuteneous tissue, redish. For all injuries probable age fresh. Probable cause sharp cutting weapon. “…………………………. On internal examination, I noticed. 1. Cut mark on pleura and left 5th rib and about 400 ML blood in left pleural cavity. 2. Stab wound on lower lobe of left lung corresponding to injury no.3 in column no.17. 3. Cut mark on peritoneum with 300 Ml. Blood in peritoneul cavity. 4. Two cut marks on ileum and two cutmarks on mesentry of ileum. [Quoted from page 102 to 104 of appeal paper book] This witness has proved cause of death to be the hemorrhagic shock due to injuries. 9. According to learned APP, the case is that of act of murder by use of a deadly weapon. 10. The defence has done its effort to bring the case within the exception of actomg being enraged. Learned Advocate Mr. Daga has relies on the reported Judgment of this Court, 2000(1) Mh.L.J. 164 : [2000 ALL MR (Cri) 423), 8aba @ Gulam Raza Hussain Hadi Tapti Vs. State of Maharashtra and another 11. Learned Advocate Mr. Daga has urged that the accused was enraged will have to be presumed in view of suicidal death of his daughter. Learned Advocate Mr. Daga has relies on the reported Judgment of this Court, 2000(1) Mh.L.J. 164 : [2000 ALL MR (Cri) 423), 8aba @ Gulam Raza Hussain Hadi Tapti Vs. State of Maharashtra and another 11. Learned Advocate Mr. Daga has urged that the accused was enraged will have to be presumed in view of suicidal death of his daughter. The defence was required to prove that the said enragement is of such nature that he had lost senses and that the enragement was product of grave and sudden provocation by the deceased. In absence of proof of such provocation, bare fact of enragement cannot operate as an extenuating ground. 12. Causing such large number of injuries with a sharp weapon cannot be defended on the ground of one's own and un-provoked enragement. There is difference of poles apart of grief due to loss of love done and getting emerged. Grief could be presumed. Enragement is a matter of defence for which the burden lies on the accused. However, light the burden is, it has to be discharged by the accused. 13. The enragement does not take away the fact of knowledge which the accused was supposed to have that his acts would result in causing the death. 14. The enragement will definitely bring the case of the accused from that of intention to kill to that of knowledge, and the offence would fall in Section 304-II of the Indian Penal Code. 15. Learned Advocate Mr. R.M. Daga has argued in favour of forthwith release as the facts of the case largely extenuate the accused from the guilt. 16. The extenuating circumstances of enragement has brought the accused out of the charge of murder. However, it does not bring the accused out of the proved case of culpable homicide not amounting to murder, under section 304 1st Part. Therefore, we modify the conviction and hold the appellant to be guilty of offence punishable under 1st part of Section 304 of the Indian Penal Code. 17. In so far as the sentence is concerned, we direct that the accused shall undergo the sentence of imprisonment for 10 years. Appeal is accordingly allowed partly. Appeal partly allowed.