have been convicted under Section 302 IPC, but he should have only been convicted under Section 304 IPC as this was a case of single ... appellant is converted from one under Section 302 IPC to one under Section 304 part (1) IPC and the appellant is sentenced to 10 years
Complainant
Cr.No.273 of 2012
Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure,
1973, to set aside the judgment ... limbs u/s. 299 IPC. The act also does not satisfy the requirements
u/s. 320 IPC and hence, it will not fall under
fatal, the case against the appellant would not go beyond section 304 part II IPC at the highest.
Learned Additional Government Advocate, however, argued that ... folds of section 302 IPC. Thus the above law report reads at paragraph 12:
"?.......In the scheme of the IPC culpable homicide is genus
Indian Penal Code lut the
chargesheet came to le fled U/ S. 304 of I.P.C. When it is the case of
homicidal death ... I.P.C. That power is there with the
Trial Court in view of the provisions of Chapter XVII of the Criminal
Procedure Code
deceased. The case would, therefore, more
appropriately fall under Section 304 Part II of the IPC .
25. The only other aspect that needs ... favour of the bereaved
family under Section 357 of the Code of Criminal Procedure, 1973. This
aspect arises very often and has been a subject
Appellant
Versus
State of Sikkim
..... Respondent
Appeal under Section 374 of the Code of Criminal Procedure, 1973.
--------------------------------------------------------------------------------
Appearance:
Mr. N. Rai, Senior Advocate (Legal ... erred in convicting the appellant
under section 302 of the Indian Penal Code, 1860 (for short „the
IPC‟) as the evidence of Raman
amounting to murder” and he is sentenced under Section 304 (i) of the Indian
Penal code, to undergo Rigorous Imprisonment for a period of seven ... accordance with Section 428 of the Code of Criminal Procedure for the period of
detention already undergone by him. The appellant is directed to immediately
punished under Section 304(i) IPC.
32. So far as the quantum of sentence for the offence under Section
304(i) IPC is concerned, this ... under Section 302 IPC
are set aside, instead the appellant/accused is convicted under Section 304
(i) IPC and sentenced to undergo rigorous imprisonment
view that the quantum of sentence to life imprisonment under Section 304 I.P.C. as awarded under the impugned order of sentence ... trial court by holding that the conviction of accused appellant under Section 304 IPC is sustained but the sentenced is modified to the period
extent.
Crl. Appeal No.1467 of 2007 : 23 :
Conviction has to be altered and modified from Section 302
IPC to Section 304(1) IPC ... direction to pay
compensation out of the fine amount received under section
357(1) Cr.PC is also upheld. The appeal succeeds only
