Murder - conviction and sentence - Whether the petitioner is guilty for commission of an offence under any of the parts of Section 304 of the Indian Penal Code and not under Section 302 thereof - Consider -Deceased was working in the house of the appellant as a maid - She was absent from her duties and the appellant went to her house, to call her to join her duties as a maid - An altercation followed and the appellant on the spur of the moment, went to the deceased and gagged her mouth - Appellant almost emptied the can of kerosene on the deceased and lit the match stick - Case related to circumstantial evidence - No inconsistency between the dying declarations of the deceased recorded at the interval of few hours on the day of the incident - Appellant had no pre-meditation to kill the deceased or cause any bodily harm or injury to the deceased - Everything happened on the spur of the moment - Fact that kerosene was sprinkled on the deceased by the appellant possibly cannot be disputed -Supreme Court - Held - Case falls under Section 304 Part II and the sentence which has already been undergone by the appellant is more than sufficient under Section 304 Part II, thus, directed the appellant to be released - Appeal allowed.

Topic(s)-Murder

Important Decision(s)-Circumstantial evidence - No pre-meditation to kill or cause any bodily harm or injury to the deceased. Everything happened - Sufficient Section 304 Part II IPC.