Section 302 IPC - No premeditation to cause the death - Offence would only fall under Section 304 Part II of I.P.C. [CASE LAW]
Penal Code, 1860 - S. 302 - there was no premeditation on the part of the appellant to cause the death of the deceased. He had no intention to cause such a bodily injury as well. Only one injury is inflicted on the victim. Nothing is brought out in evidence to prove, to whom the knife MO1 belongs. Evidence of PW2 and PW8 would show that there was altercation between the two ensued by scuffle. Considering the factual scenario of the case at hand, we are of the view that the crime will not fall under S.302 of IPC. Of course, if there was intent and knowledge, the case would have come within the sweep of S.304 Part I of I.P.C. Hence, the offence would only fall under Section 304 Part II of I.P.C.