Kishan v. State of Madhya Pradesh
Kishan v. State of Madhya Pradesh (AIR 1974 SC 244) Parties: Appellant: Kishan Respondent: State of Madhya Pradesh Facts of the Case: The case revolves around Kishan, a resident of a village in Madhya Pradesh, who was accused of the murder of a fellow villager. The incident occurred when Kishan, during a heated dispute, allegedly attacked the deceased with a blunt weapon, leading to the victim's death. The prosecution's case was based on eyewitness testimonies and the medical evidence which suggested that the death was caused by the injuries inflicted during the attack. Kishan’s defense, however, argued that the incident was not premeditated and that he did not intend to cause the death of the victim. The defense claimed that the altercation was a result of a sudden quarrel and the act was committed in the heat of passion, which could mitigate the charge from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 IPC. The trial court convic...