ordinarily add Section 302 of IPC to the charge under Section 304-
B of IPC also so that in a given case taking into consideration ... also had complained about
not providing the Scooter and other household articles which the witness
after a couple of weeks made it available
deceased. More importantly, the appellant was neither armed
nor used any other article as weapon but has only used hand
and fist to assault ... guilty of culpable homicidal not amounting to murder
punishable under Section 304 Part II of the IPC .
17. Accordingly, his conviction under Section
under Section 304B of IPC.
15
32. So far as letter of Article -10 C is concerned, this letter was not discovered
during investigation ... mentioned her name but also appended
her signature, however, the letter of Article 10-C does not contain name &
signature of the deceased. Furthermore
apart, on the basis of disclosure statements made by
accused/appellants, bloodstained articles including clubs were recovered
vide seizure memos ... accused/appellants as to how the blood stains are there in the
articles seized from their possession. Even the doctor performing autopsy
has opined that
deceased and therefore he is liable to be
convicted under Section 304 Part-I or II of IPC and not under Section ... burn injuries and therefore his
conviction cannot be altered to Section 304 Part-I or II IPC .
7. Heard learned counsel for the parties
prosecution.
• though as per FSL report, blood was found on Articles C & D i.e.
axe seized from the spot and full pant ... best the
appellant can be convicted under Section 304 Part I or II of IPC
because the incident occurred in the heat of passion, upon
That apart, on the basis of disclosure statements of
accused/appellants, bloodstained articles were recovered from their
possession but no explanation has been offered ... blood stains are there
in the articles seized from their possession.
20. Further, we find no substance in the argument of counsel for the
accused
dying declaration made before PWs.1, 2 & 3, recovery of
incriminating articles at the instance of the appellant, the medical
evidence, as also failure ... committed, we find no reason to alter the conviction into Section 304
Part-I or II, the findings recorded by the trial Court holding
blood stains are there in the articles seized from his possession. True
it is that in the statement recorded under Section ... eyewitness to the
incident, the fact that blood was found on the articles seized at the
8
instance of accused/appellant and that there
report (Ex.P/28), blood was noticed on the
articles seized from the appellant i.e. shirt, handkerchief, knife, but the
same ... aforesaid articles. The appellant has
failed to offer any plausible explanation, except making bald denial, as
to how such bloodstained articles were seized from
