Question:
Principle: Killing is not murder, if it is committed in a sudden fight without pre-meditation in a heat of passion upon a sudden quarrel.
Facts: X and Y were buying liquor from a liquor shop at 7 pm. Y abused X and there was quarrel between them. X told Y that he will not spare him and Y shouted that his house is adjoining the shop only and if X had the guts, he can come anytime. X went back to his shop which was nearby, procured a knife and went to Y's residence at 9 pm and stabbed him to death.
Principle: Killing is not murder, if it is committed in a sudden fight without pre-meditation in a heat of passion upon a sudden quarrel.
Facts: X and Y were buying liquor from a liquor shop at 7 pm. Y abused X and there was quarrel between them. X told Y that he will not spare him and Y shouted that his house is adjoining the shop only and if X had the guts, he can come anytime. X went back to his shop which was nearby, procured a knife and went to Y's residence at 9 pm and stabbed him to death.
Facts: X and Y were buying liquor from a liquor shop at 7 pm. Y abused X and there was quarrel between them. X told Y that he will not spare him and Y shouted that his house is adjoining the shop only and if X had the guts, he can come anytime. X went back to his shop which was nearby, procured a knife and went to Y's residence at 9 pm and stabbed him to death.
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Even if the killing occurred after a sudden quarrel, actions taken after the quarrel (like procuring a weapon and deliberately going to the victim's house) can show premeditation and make the act murder.
Updated On: Aug 14, 2025
- X has committed murder
- X has not committed an offence of murder since it was committed in sudden fight in a heat of passion
- X has not committed murder of Y because he had no enmity with Y
- X has committed no offence
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The Correct Option is A
Solution and Explanation
The principle provided specifies that killing is not considered murder if it happens in a heat of passion during a sudden quarrel and without premeditation. However, in this case, while there was a sudden quarrel between X and Y, the critical factor is that X went back to his shop, procured a knife, and then went to Y's residence to stab him. This indicates that the killing was premeditated, even if there was an earlier quarrel. The act of procuring a knife and going to Y's residence shows a deliberate intent to harm, making it murder. The act was not spontaneous, but rather planned after a brief delay. Therefore, the act of X stabbing Y would be classified as murder, even though it was done following a quarrel.
Thus, the correct answer is (A).
Option (B) is incorrect because the fact that X went back to his shop, procured a knife, and went to Y's house suggests premeditation. Option (C) is incorrect because the absence of enmity does not change the fact that the act was premeditated. Option (D) is incorrect because the act of killing after procuring a weapon and traveling to the victim's residence constitutes an offence.
Thus, the correct answer is (A).
Option (B) is incorrect because the fact that X went back to his shop, procured a knife, and went to Y's house suggests premeditation. Option (C) is incorrect because the absence of enmity does not change the fact that the act was premeditated. Option (D) is incorrect because the act of killing after procuring a weapon and traveling to the victim's residence constitutes an offence.
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