Syed Shah Mohammed Quadri, J. - (1.) Leave is granted limited to the question of nature of offence.
(2.) The appellant along with two others was tried for committing murder of one Satish (hereinafter referred to as 'the deceased') and causing injuries with knife to Harkishan and was convicted for offences punishable under Sections 302 and 324, I.P.C. read with Section 34, I.P.C. He was sentenced to life imprisonment and three years' rigorous imprisonment for the said offences by learned Sessions Judge in Sessions Case No. 198 of 1981 on July 17, 1982. A Division Bench of the High Court of the Madhya Pradesh at Gwalior in Criminal Appeal No.171 of 1982 confirmed his conviction under Sections 302 and 324, I.P.C. and sentence for the said offences and dismissed his appeal on April 30, 1998. Against the judgment and order of the High Court, he is in appeal before this Court.
(3.) Dr. T. N. Singh, learned Senior Counsel for the appellant, has urged that it is a case falling under Exception 4 to Section 300, I.P.C. and, in any event, as the appellant had given only a single blow with knife, he ought not to have been convicted under Section 302, I.P.C.; his conviction could only be under Section 304, I.P.C.;