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61. However, Section 325 is applicable only when the case is not covered under Section 335 IPC, and it reads in the following terms:

335. Voluntarily causing grievous hurt on provocation. --

Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than .

63. In the present case, it was the deceased who caused provocation to the accused. Not only this, the Doctor had found tenderness in the testicles of the accused, which probablizes the extent of provocation. Given above, this case is fully covered under 335 IPC. Since the ingredients of Section 335 IPC are fully met, the case would automatically be excluded from the purview of Section 325 IPC, which provides an exception to Section 335 IPC.

64. In Dhondey v. The State of U.P., (1972) 4 SCC 729, the accused found his wife in the company of PW-3. On seeing them together, he completely lost his temper, caught hold of both of them and cut their noses. Hon'ble Supreme Court set aside the appellant's conviction under Section 326/34, Indian Penal Code but convicted them under Section 335/34.

(viii) of Section 320, IPC establishing that the injuries were such to endanger the human life.

66. A survey of the above judicial precedents also proves that in the facts and circumstances peculiar to the present case, the offence would fall under Section 335 IPC.

67. Given above, the appeal is partly allowed. The sentence imposed under Section 323 IPC calls for no interference and is upheld. As far as the conviction under Section 304-II is concerned, the same is altered to Section 335 IPC.

70. Although the convict shall have to pay no fine under Section 335 IPC; however, the accused is directed under section 357 CrPC to pay compensation to the family of the deceased. The convict worked as a driver in HRTC. Thus, the Court assesses the compensation amount at Rs.2,00,000/-. The convict shall pay the compensation by Dec 31, 2021. In case the convict fails to do so, the State shall recover it from his assets. On realization, the living members shall pay the compensation, i.e., parents, wife, and children, in equal shares. If they are not available or traceable, the money shall be paid in equal shares to his living sisters and brothers. The compensation money would be paid directly in their bank accounts, and the State shall procure their bank details through their appropriate agencies. And if none is available or traceable, then the entire compensation amount shall be deposited with the District Legal .