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
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
kindly be altered from the offence u/s 302 to offence 304 Part-I of
IPC and sentence imposed against him may be reduced ... offence
u/s 302 of IPC to the offence u/s 304 Part-I of IPC . According to
them, there is no force in this
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
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
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
accused Rafique,
because the offence cannot travel beyond offence u/s 304 Part I of
IPC as there is no evidence of motive or intention ... from offence u/s 302 of IPC to offence
under Section 304 Part-I of IPC as the incident took place all of
sudden, that
travel
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[CRLA-116/2016]
beyond offence under Section 304 Part-I of IPC against Jitendra
Joshi and offence cannot travel against accused ... conviction from
offence u/s 302 and 302 / 34 IPC to 304 Part I of IPC . More so it is
a fit case in which
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
part of the accused
appellants to kill the deceased. Thus, in our considered opinion,
the case does not travel beyond Section 304 Part-I ... 2017 while partly allowing the appeal, convicted the
accused-appellant for offence under Section 304 Part-I IPC instead
of offence under Section
