Surender Kumar v. State of Himachal Pradesh, 2025

The appellant delivered four knife blows to an unarmed victim.

He sought benefit under Exception 2 and Exception 4 to Section 300 IPC, which could reduce murder to culpable homicide not amounting to murder.

Exception 2 applies where the accused acts in self-defense.

Exception 4 applies in cases of sudden fight, heat of passion, with no cruelty or undue advantage.

The appellant argued that there was a sudden quarrel and no intent to kill, requesting a reduced sentence.

The Supreme Court held that Exception 2 cannot be invoked as the accused acted without provocation, and the deceased was unarmed.

Exception 4 cannot apply as there was no mutual exchange of blows; the act was not a fight but a unilateral attack.

Infliction of four knife blows on vital parts indicated cruel conduct, leaving no mitigating circumstances.

The appeal to reduce the sentence was dismissed; conviction under Section 302 IPC upheld.

Clarifies that self-defense requires actual threat or attack, and heat of passion/sudden fight requires mutual physical confrontation.

Emphasizes that pre-meditation or cruelty is key in distinguishing murder from culpable homicide.

Provides a precedent for evaluating exceptions under Section 300 IPC, especially in cases of knife/blunt weapon attacks on unarmed victims.

Reinforces the principle that mere verbal quarrel is insufficient to invoke Exception 4.