entirety or they should have been convicted under
2
Section 304 Part-I, IPC .
5. In order to appreciate the issue involved in these appeals ... allow the appeals
12
in part. The appellants are accordingly convicted for an offence
punishable under Section 304 Part-I IPC instead of Section
converted from an offence
punishable under Section 302 IPC to Section 304 Part I or 304
Part II IPC and the same is reproduced hereunder ... that will decide whether the case falls under
Section 302 or 304 Part I or 304 Part II. Many petty or
insignificant matters — plucking
squarely a case under Section 302 IPC and not under Section 304
Part I or Part II of the IPC .
10. First, we shall advert ... cases where this
Court has converted offence from 302 IPC to 304 Part I IPC , regard
19
being had to the genesis of occurrence
accused-appellants is punishable under Section 304 Part I IPC .
22. Insofar as the appeal against acquittal filed by the State,
the High Court ... under Sections 302 / 34 IPC is modified as conviction
under Section 304 Part I IPC and the substantive sentence of life
imprisonment is reduced
opinion that the act on the part of the
appellant is covered by Part I of Section 304 IPC. Therefore,
we set aside the conviction ... High
Court. Instead, the appellant Ranjit Sarkar is convicted
under Section 304 Part I, and sentenced to rigorous
imprisonment for a period of ten years
likely to cause death, within the
meaning of Section 304 Part I.
18. In the result, we allow these appeals in part ... aside.
19
2. Appellant Har Chand is, instead, convicted under Section
304 Part-I and sentenced to undergo rigorous
imprisonment for a period of eight
accused/appellant
no.1 Pathubha Govindji Rathod) is convicted under Section
304 Part-I IPC and sentenced to imprisonment for a period of
ten years ... unserved part of the sentence. The conviction
and sentence recorded against accused/appellant no. 2
Hemubha Govindji Rathod under Section 304 Part I read with
offence committed by the appellants fell within the
scope of Section 304 Part II of IPC and not under Section ... Whereas in Kapildeo (supra)
this Court altered the conviction from Section 304 Part I to Section
304 Part II of IPC . The circumstances
appellants is to be modified and altered
under Section 304 Part I IPC .
25. In the result, the conviction of the appellants under
Section ... altered to one under Section 304 Part I IPC
and the appellants are sentenced to undergo imprisonment for a
period of ten years. The appeal
under Section 302
IPC but would at best fall under Section 304 Part I. It
was also submitted that the appellant has already
undergone ... consequently, the conviction could at best fall
under Section 304 Part I and not under Section 302. We
tried to appreciate the said contention
