In Re: Kither Khan and anr.

penal code (act xlv of 1860), section 300 exc. iv - murder--want of sufficient evidence of motive to commit murder--culpable homicide not amounting to murder. - 1. we have no doubt that the deceased died owing to injuries caused by the appellants. we think, however, that the offence amounts only to culpable homicide not amounting to murder. it seems clear that there was a fight between the deceased and the appellants, and that as the prosecution evidence itself shows, the deceased struck the first blow. what the cause of the fight was we can only conjecture but there is no sufficient evidence to prove any motive sufficient to induce the appellants to deliberately murder the deceased. we think the appellants may properly be given the benefit of the fourth exception to section 300, indian penal code. we, therefore, acquit the appellants of murder and find them guilty of culpable homicide not amounting to murder. we sentence each of the appellants to seven years' rigorous imprisonment.