circumstances, the
sentence was converted from Section 302 IPC to Section 304 Part I
IPC .
4.6 He has further relied upon the decision ... fight has held that the conviction can be
converted to Section 304 Part I from Section 302 IPC as imposed
by the High Court
charge of offence punishable under Section 304 Part II or Section 304 Part I of the Indian Penal Code .
9. Considering the version ... offence punishable under Section 304 Part II of the Indian Penal Code , instead of offence punishable under Section 304 Part I of the Indian Penal
conviction of the appellant may be
altered to that under Section 304 PartI or II,
instead of Section ... submission, the offence may be converted
to one under Section 304 , PartI or II, instead
of Section 302 IPC.
27. Since the incident itself
cause death without such
intent falling under Section 304 Part II. Additionally, Part I of
Section 304 applies where murder is first established ... knife on vital parts of the
body was likely to cause death. Thus, the case falls squarely under
Section 304 Part I IPC , where death
case of appellant can
be considered for conviction under Section 304 (Part I/II) of the
Indian Penal Code .
9.1 Per contra, learned ... converted the conviction from
Section 302 of the IPC to Section 304 Part I of the IPC . While
doing so, the High Court has assigned
challenging his conviction for the offence
punishable under Section 304 Part I of the Indian Penal Code and
another appeal preferred by the State being ... original accused
no.1 for the offence punishable under Section 304 Part I of the
Indian Penal Code and another appeal being Criminal Appeal
original accused Nos. 7 and 8 for the
offences under Sections 304 part-I, 323, 504 read with
Section 114 of the Indian Penal Code ... I. with fine of
Rs.1,000/- and in default to undergo 15 days S.I. for the
offence under Section 304 part-I
best it would fall within the ambit of Section 304, Part II of the IPC .
11. The aforesaid submissions are controverted by learned Additional Public ... committed by the accused persons will be one punishable under Section 304 Part I of the IPC .
26. In order to, successfully, invoke exception
1259 of 2003 for commission of offences punishable under Sections
304 Part I, 435, 404 and 201 of the Indian Penal Code ... I. for 5 years and fine of
Rs.500/- and i.d., S.I. for one month for the offence punishable
under Section 304 Part
culpable homicide not amounting to murder, punishable under Section 304 , Part I or II, Indian Penal Code . Several circumstances, which we would just discuss, lead ... partly allow this appeal, alter the conviction of the appellant from one under Section 302 to that under Section 304 , Part I, Penal Code
