original accused partly and has
converted the conviction from Section 302 IPC to Section 304
Signature Not Verified
Part I IPC ... punishable under Section 302 IPC to
Section 304 Part I IPC and sentenced him to undergo rigorous
imprisonment for ten years
VISHAL ANAND
Date: 2019.04.10
convicted him under Section 304 Part I of the Indian Penal Code ,
16:22:35 IST
Reason:
1
instead of Section ... from Section 302 of Indian
Penal Code to Section 304 Part I of Indian Penal
Code .”
6.2 Now so far as the main reason given
Court has treated the case falling in the Ist part of Section 304
Indian Penal Code when the father had given a knife blow ... from Section
302 of Indian Penal Code to Section 304 Part I
of Indian Penal Code ." 6.2 Now so far as the
Page
accused squarely falls within the meaning of Section 304 Part I of the Indian Penal Code because there was intentional causing of injuries ... Part II I.P.C. they are convicted under Section 304 Part I.
40. Since the offence under Section 304 Part I I
offences punishable under Sections 324
8
and 304 Part I read with Section 34 of Indian Penal
Code and Section 25 of the Arms ... offence under
Section 304 of IPC but not certainly for the offence
under Section 304 Part I of IPC and also
304 Part I IPC read with Section 34 IPC, Section 504 IPC and Section 506(II) IPC ... 304 Part I IPC read with Section 34 IPC, Section 504 IPC and Section 506(2) IPC
304 Part I of the Indian Penal
Code , 1860 ( IPC ) to one under Section 304 Part II IPC but,
sentenced ... 304 Part-II IPC , without disturbing the
order regarding fine and default sentence.
(B) For conviction u/s. 304 Part-II IPC
accused would thus be liable for conviction under Section 304 Part I IPC and not under Section 302 thereof. We, accordingly, allow this ... under Section 304 Part I. We accordingly hold the appellant guilty of an offence under Section 304 Part I IPC and sentence
304 I.P.C., charge sheet was filed under Section 304 I.P.C. but the charges were also framed under Section 304 I ... used in Part-I is absent in Part-II. Part-II shall be applicable where the intention as used in Part-I is absent
appellant
under Section 302 of the Indian Penal Code to one under Section
304 Part II of the IPC , considering the facts ... 304 Part I,
and knowledge that the act is likely to cause death without such
intent falling under Section 304 Part II. Additionally, Part I
