further submitted that essential ingredients to constitute the offence under Section 304 Part (I) IPC were also not proved by the prosecution from its evidence ... convicted and sentenced the accused appellants for the offence under Section 304 Part (I) IPC .. The doctor has opined that only one injury was found
Judge has
convicted the accused for the offence punishable under
Section 304 Part-I of IPC and has sentenced to undergo
rigorous imprisonment ... conviction under Section 304, Part II will be justified.
30. In the case for offence punishable under
Section 304 Part I of IPC , prosecution
most under Section 304 Part (II) of the IPC ,
but definitely not under Section 302 or Section 304 Part (I) of the
IPC .
27. Moreover ... opinion also, falls under Section 304 Part II of the IPC and not
under Section 304 Part I of the IPC .
36. As regards
most under Section 304 Part (II) of the IPC ,
but definitely not under Section 302 or Section 304 Part (I) of the
IPC .
27. Moreover ... opinion also, falls under Section 304 Part II of the IPC and not
under Section 304 Part I of the IPC .
36. As regards
most under Section 304 Part (II) of the IPC ,
but definitely not under Section 302 or Section 304 Part (I) of the
IPC .
27. Moreover ... opinion also, falls under Section 304 Part II of the IPC and not
under Section 304 Part I of the IPC .
36. As regards
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
that will decide whether the case falls under
Section 302 or 304 Part I or 304 Part II. Many petty
or insignificant matters - plucking ... Under Section 302 , are not
converted into offences punishable Under Section
304 Part I/II, or cases of culpable homicide not
amounting to murder
Indian Penal Code, it
is a fit case where Section 304 Part-I of the Indian Penal Code
should have been invoked because the plea ... right of
private defence. They have been rightly convicted
under Section 304 , Part I, IPC . As we do not find
any substance in these appeals
that will decide
whether the case falls under Section 302 or 304 Part I or 304
Part II. Many petty or insignificant matters - plucking ... Under Section 302 , are not converted into
offences punishable Under Section 304 Part I/II, or cases of
culpable homicide not amounting to murder
facts in entirety or they should have been convicted under Section
304 Part-I, IPC .
5. In order to appreciate the issue involved in these ... allow the appeals in part.
The appellants are accordingly convicted for an offence punishable under
Section 304 Part-I IPC instead of Section
