53. Now it has to be seen that whether the case falls under Section 304
Part I or Section 304 Part II of IPC. The intention to cause death is to be
gathered generally from the factors laid down at para no. 16 of citation
titled N. Ram Kumar Vs. State represented by Inspector of Police
(supra). In the present case the vehicle was gathered from the spot, there
was sudden quarrel/fight. There is absence of pre-mediation or prior
enmity. Minor injuries were also suffered by the accused and there was
grave and sudden provocation which was not first initiated by the
accused person. The fight had started in a heat of passion. However the
SC No. 27320/2016FIR No. 597/2014State Vs. Anil @ Kokki & Ors. Page 58 of 61
accused person had aimed the attack on the vital part of the body of the
deceased. They had inflicted several and multiple blows on the deceased
and there are about 25 injuries. 16 of which are on the head only. Since
one of the exceptions under Section 300 IPC is attracted in the matter
therefore now the offence is seen in the light of Section 304 IPC. The
offence primarily falls under the category of Section 300(3)/thirdly of
IPC.