The Supreme Court in the case of Md. Rafiq @ Kallu versus State of Madhya Pradesh Criminal Appeal No. 856 of 2021 differentiates between Murder and culpable homicide not amounting to murder in the following words:-
“All the essential elements show that the appellant did not have any previous quarrel with the deceased; there was lack of animus. The act resulting in SI Tiwari’s death was not pre-meditated. Though it cannot be said that there was a quarrel, caused by sudden provocation, if one considers that the deceased tried to board the truck, and was perhaps in plain clothes, the instinctive reaction of the appellant was to resist; he disproportionately reacted, which resulted in the deceased being thrown off the vehicle.
Such act of throwing off 6 In fact the owner of the truck deposed during the trial. 11 the deceased and driving on without pausing, appears to have been in the heat of passion, or rage. Therefore, it is held that the appellant’s conviction under Section 302 IPC was not appropriate. 16. Section 304 IPC7 Code provides punishment for culpable homicide not amounting to murder (under Section 299 IPC). In the facts of the present case, this court is of the opinion that the appellants should be convicted for the offence punishable under the first part of Section 304 IPC, as he had the intention of causing such bodily harm, to the deceased, as was likely to result in his death, as it did. Having regard to these circumstances, the conviction recorded by the courts below, is altered to one under Section 304 Part I, IPC. The sentence too is therefore modified – instead of rigorous imprisonment (“RI”) for life, the appellant is hereby sentenced to 10 years’ RI. The direction to pay fine, is however, left undisturbed.”
