The finding of fact is that the act was done by the accused with the knowledge that it is likely to cause death, and with the intention to kill the deceased. The accused was deprived of the power of self-control by grave and sudden provocation due to repeated unauthorized entry on the fields of belonging to the accused party. Further, by giving one fatal blow on the head, which was with the intention of causing his death or causing such bodily injury as is likely to cause death, the case would be covered by section 304 part I IPC. It is certainly not a case to simply proceed under Section 326 IPC, as held by the High Court.

(2020) 5 SCC 143- State of Rajasthan v. Mehram and others

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