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
accused appellants should have been convicted under Section 304 Part-II IPC instead of 304 Part-I IPC and thus, the findings of the learned ... appellants are liable to be convicted under Section 304 Part-II instead of 304 Part-I.
42. For the reasons stated above, the accused appellants
Section 302 I.P.C.,
in some cases under Section 304 I.P.C and
in some other cases under Section 326
I ... then his case may be considered under
Part-I or Part-II of Section 304 of the IPC
depending on whether the act which
caused
chart between Part I and Part II of
Section 304 can be represented as under:
Section 304 Part I Section 304 Part II
Whoever commits ... under Section 304 Part II;
while in Kesar Singh (Supra), the conviction was maintained under
Section 304 Part I.
33. In the present case
finding of guilt must be
altered to the offence under Section 304 Part I of IPC . In
support of his arguments, learned counsel ... under
Section 304. When and if there is intent and
knowledge then the same would be a case
of Section 304 Part I
altered from offence
u/s 302 IPC to offence u/s 304 Part-I of IPC because as per
allegation of the eyewitnesses who were ... altered from
offence u/s 302 IPC to 304 Part-I of IPC .
Per contra, learned Public Prosecutor vehemently argued
that FIR was registered upon
establish the motive, therefore, offence cannot
travel beyond offence under Section 304 Part I IPC . It is also
argued that PW--12 Dr. Madan Mohan ... sustainable
because offence cannot travel beyond offence under Section 304
Part I IPC because main ingredient of murder is absent. In support
of his arguments
however found them guilty of the charges under Sections 304 part I IPC read with Sec.34 IPC and sentenced them to suffer rigorous imprisonment ... found them guilty of the offence under Sec.304 Part I read with Sec.34 IPC, convicted them of the same and sentenced them
first injury therefore, the offence does not travel beyond
Section 304 Part I IPC . Thus, the finding of conviction recorded
by the trial court ... 2015, decided on 24.08.2017 while partly allowing the
appeal, convicted the accused-appellant for offence under Section
304 Part-I IPC instead of offence under
same ought to be substituted with conviction under Section
304 Part I of the Indian Penal Code . It was pointed out that the trial court ... converted the conviction recorded by the learned trial court from Section 304 Part
I to 308 IPC . The facts were that the appellant was provoked
