Bontha Ramachandradu, Kurnool Dist. vs Inspector Of Police, Sirvel Circle, ... on 4 February, 2022
In the decision referred above the Hon'ble
High Court of Andra Pradesh and Hon'ble Supreme Court of
India, altered the conviction of the accused U/s.302 of IPC to
Sec.304(II) of IPC, fact of the case on hand is identical and the
prosecution failed to prove the charge leveled against the
accused U/s.302 of IPC, but the accused has committed the
offence punishable U/s.304(II) of IPC. Ingredients of Sec.304(ii)
of IPC is done with knolwedge that it is likely to cause death,
but without any intention to cause death is established by the
prosecution. Sec.304(ii) of IPC being lesser offence, no
separate charge is equired to be framed. Accordingly I answer
the point No.1 in the negative and point No.2 in the Affirmative .