There is no absolute proposition of law that in all cases where the deceased died due to septicaemia, the case would fall under S. 304. The same has to be determined in the facts and circumstances of each case ( reference Sanjay v. State of U.P.(2016) 3 SCC 62). Para 13

In any case, as observed hereinabove, there was no premeditation on the part of the accused; the accused did not carry any weapon; quarrel started all of a sudden, and therefore, the case would fall under Exception 4 to section 300 IPC and neither clause 3 of section 300 nor clause 4 of section 300 shall be attracted. Therefore, as observed hereinabove, at the most, the accused can be said to have committed the offence under section 304 part I IPC. Para 14

 

(2021) 3 SCC 365 – Khokan v. State of Chhattisgarh

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