Surender Kumar v. State of Himachal Pradesh; 2025 INSC 1412 - S.300 IPC - Exception 2 & 4 - Fight

Indian Penal Code 1860 - Section 300 - Exception 4 - [Bharatiya Nyaya Sanhita 2023 - Section 101]: An act of culpable homicide does not amount to murder if following ingredients are fulfilled (i) there is no pre-meditation; (ii) there is a sudden fight; (iii) the act is committed in the heat of passion; and (iv) the assailant has not taken any undue advantage or acted in a cruel manner. The term ‘fight’ implies mutual assault by use of criminal force and not mere verbal duel- ‘Fight’ postulates a bilateral transaction in which blows are exchanged -Exception 4 to Section 300 would not apply if there is sudden quarrel but no fight between the deceased and the accused. (Para 8-9)

IPC- Section 300 - Exception 2- [BNS - Section 101] The act in question would not fall under Exception 2 because, firstly, there is no evidence to show that the accused or his property was attacked by the deceased and it it is not shown that the deceased was armed - where the accused is armed and the deceased is unarmed, Exception 2 can have no application.( Exception 7-9)