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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 .
Andhra Pradesh High Court - Amravati Cites 36 - Cited by 1 - C P Kumar - Full Document
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