Court while deciding whether a case falls under Section
302 or 304 Part I or 304 Part II IPC , held thus ... that will decide whether the case
falls under Section 302 or 304 Part I or 304 Part II.
Many petty or insignificant matters — plucking
original accused partly and has
converted the conviction from Section 302 IPC to Section 304
Signature Not Verified
Part I IPC , the original complainant ... conviction from that of punishable under Section 302 IPC to
Section 304 Part I IPC and sentenced him to undergo rigorous
imprisonment for ten years
Digitally signed by
VISHAL ANAND
Date: 2019.04.10
convicted him under Section 304 Part I of the Indian Penal Code ,
16:22:35 IST
Reason ... High Court has partly
allowed the appeal preferred by the accused and has convicted
the accused under Section 304 Part I of the IPC instead
months. A1-Babu was also convicted for
offence punishable under Section 304 Part I of the IPC and sentenced to
suffer rigorous imprisonment for seven ... months. A2-Pappathi was also convicted for offence punishable under
Section 304 Part I read with Section 109 of the IPC and sentenced to suffer
under Section
304 Part I of I.P.C. Accordingly, the appellant is acquitted for
charge under Section 302 of I ... Section 302 of I.P.C. is hereby set aside and is
converted from 302 of I.P.C. to 304 Part I of I
that will
decide whether the case falls under Section 302 or 304 Part I
or 304 Part II. Many petty or insignificant matters - plucking ... case in which the
benefit of Section 304 I, I.P.C . or Section 304 II, I.P.C . can
be given to the accused
provisions of Section 304 Part I and Part II of the Code. Linguistic distinction between the two Parts of Section 304 is evident from ... that the appellant could be convicted only under Part II of Section 304 and not Part I."
25. As we have already discussed, classification
wife- deceased, therefore, the case falls within the purview
of Section 304 , Part-I of IPC . Further, it is submitted that the
seized scarf (safi ... Section 302 I.P.C., in some cases under Section
304 I.P.C and in some other cases under Section
326 I
second
degree'. This is punishable under the first part of Section
304. Then, there is `culpable homicide of the third
degree'. This ... inevitable conclusion is that the appropriate conviction
would be under Section 304 Part I IPC . Custodial
sentence of 10 years would meet
under Section 304 Part I or Part II.
7. To substantiate his argument that the present case falls under Section
304 , the learned counsel drew ... under Part I or Part II is made out, it
would be necessary to look into the ingredients of the relevant
Section 304
