ORDER : Leave granted. 1. This appeal has been preferred against the impugned judgment and order dated 19.11.2012 passed by the High Court of Bombay in Criminal Appeal No. 1160 of 2009, by way of which the High Court has affirmed the judgment and order of the Sessions Court convicting the appellant under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') for causing multiple injuries to Pramod-deceased resulting in his death and sentenced him to imprisonment for life with a fine of Rs. 1,000/- and in default of payment of fine, further imprisonment of one year was imposed vide order dated 11.5.2005. 2. Facts and circumstances giving rise to this appeal are that: A. The appellant had come to Chaul Chowky and was working in the cycle tire repairing works. Pramod-deceased was resident of the Chaul and was doing the business of selling tender coconuts by cart. Both the accused and the deceased were habituated to drinking liquor. On 28.9.2004, an incident had taken place wherein Pramod-deceased demanded money from the appellant for purchasing liquor. The appellant had not given any money to him. On being refused, Pramod-deceased went to the shop of the appellant and passed off urine in the water pot, which the appellant had been using for repairing the cycle tyres and also abused the appellant. B. The appellant offended with the conduct of Pramod-deceased, came to the cart of the deceased, took the scythe from the cart of the deceased and gave blows using the scythe, on the neck, shoulder, face, abdominal portion as well as on the chest causing 13 injuries in the body of the deceased, as a result of which the deceased succumbed to his injuries. C. After investigation, charge-sheet was filed against the appellant under Section 302, IPC and Sections 37(1) and 135 of the Bombay Police Act. After conducting the trial, the appellant was convicted by the learned Sessions Court under Section 302, IPC and sentenced as referred to herein above. D. Aggrieved, the appellant approached the High Court by way of appeal, which was also dismissed. Hence, this appeal. 3. This Court had issued notice to the respondent only in respect of the nature of the offence. Mr. D. Aggrieved, the appellant approached the High Court by way of appeal, which was also dismissed. Hence, this appeal. 3. This Court had issued notice to the respondent only in respect of the nature of the offence. Mr. K.V. Viswanathan, learned Senior Counsel appearing for the appellant has submitted that conduct of the appellant had to be adjudged as a conduct arising out of sudden provocation as the appellant had lost his temper and had beaten the deceased after seeing the deceased passing urine in the pot, which the appellant was using for repairing the cycle. The number of injuries found on the person of the deceased cannot come in the way of deciding his case under the provisions of First exception to Section 300, IPC. It has also been submitted that the appellant has already served about 10 years. Therefore, the appeal should be decided taking into consideration, the aspect of sudden provocation. 4. Per contra, Mr. Sushil Karanjkar, learned Counsel appearing for the State has opposed the appeal contending that there were 13 injuries on the vital part of the body of the deceased. Therefore, the case should not be considered under First exception to Section 300, IPC. Undoubtedly, the following injuries were found on the person of the deceased. "1. Penetrating lacerated injury : Extending from middle part of upper lip - laterally upward to right cheek 5 x 1.5 x 2 c.m. Two right upper incisor teeth protruding out of wound with attached tissue. Nearby 3 other Right upper teeth partially dislocated. 2. Two punctured incised injuries over left anterolateral side of neck. A) 4 x 1 x 6 c.ms. Cutting trachea and common carotid artery completely with blood clots. B) 2 c.m. below and laterally to wound (A) 3 x 1 x 5 c.m. with blood clots. Both injuries spindle shaped. 3. 3cm. above middle l/3rd of left clavicle- punctured lacerated injury - slight oblique 7 x 2 x 6 c.m. 4. Over left shoulder near lateral end of left clavicle abrasion - 3 x 3 c.m. 5. 2 c.m. below and lateral to wound (4) over left lateral side of shoulder. Incised injury - 3 c.m. x 0.5 x 0.5 c.m. 6. above middle l/3rd of left clavicle- punctured lacerated injury - slight oblique 7 x 2 x 6 c.m. 4. Over left shoulder near lateral end of left clavicle abrasion - 3 x 3 c.m. 5. 2 c.m. below and lateral to wound (4) over left lateral side of shoulder. Incised injury - 3 c.m. x 0.5 x 0.5 c.m. 6. On left side of chest over and between 6th and 7th ribs extending 2 c.m. from left lateral border of sternum to mid clavicle line - oblique penetrating lacerated injury 6x2x8 c.m. directed C shaped. 7. Incised wound - over let hypochondriac region - 2 x 1.0.5 c.m. oblique direction. 8. Two penetrating incised injuries over left lateral side of umbilicus. Each 3.5 x 1 x 4 c.m. in dimensions, horizontal in directions, with clots. 9. Penetrating lacerated injury - 1.5 x 3 x 5 c.m. Oblique direction, left antero lateral side of upper part of pelvis and thigh with fracture of ilium part of left pelvic bone. 10. Incised wound over dorsal surface of left hand extending from base of middle finger to base of thumb oblique direction - 7 x 0.5 to 1 c.m. x 0.25 to 0.5 c.m. 11. 2 - Penetrating incised injuries over lumber region of back over L2 and L3 vertebra one below other horizontal direction. Each measuring 6 x 2 x 5 c.m. causing fracture of L2 and L3 vertebra respectively. 12. Penetrating incised wound - oblique direction 4 x 1 x 5 c.m. over left lateral side of back and lateral to wound No. 11. 13. Incised wound - over left scapular region 2 x 0.75 x 0.5 cms." According to Dr. Ingale, all those injuries were ante-mortem. The internal injuries were: 1. Fracture of 6th rib 2 c.m. from sternum on left side corresponding with external would No.6 in upper l/3rd trachea completely cut corresponding with external wound 2(A). 2. Penetrating wound over infer lateral part of heart, left vertical, size was 1 x 2 x 2 c.m. corresponding to external wound No. 6. 3. Small intestinal rupture wound, size 3 x 1 c.m. and 2 x 1 c.m. corresponding with external wound no. The spine was also fractured at L2 and L3 vertebral corresponding to wound No. 11. And the doctor has opined that cause of death was haemorrhagic shock due to multiple stab injuries to vital organs. 5. 3. Small intestinal rupture wound, size 3 x 1 c.m. and 2 x 1 c.m. corresponding with external wound no. The spine was also fractured at L2 and L3 vertebral corresponding to wound No. 11. And the doctor has opined that cause of death was haemorrhagic shock due to multiple stab injuries to vital organs. 5. There is sufficient material on record, particularly the evidence of eye-witnesses, that it was a clear-cut case of sudden provocation. Once he has lost his temper it was beyond the control of the appellant to see how many injuries he had caused. In view of the above, the appeal is partly allowed and giving the benefit of First Exception to Section 300, IPC, the sentence is reduced to 10 years. Appeal partly allowed.