acquittal of the appellant under Section 304
IPC and convicted him for the offences under Section
304 Part II, Section 338 and Section ... Section as Part I while the second
paragraph is referred to as Part II. The constituent
elements of Part I and Part II are different
charge under Section 330 I.P.C.
5
6. Aggrieved by the framing of charge under
Section 304 Part II I.P.C ., accused Mokham ... with the charge
under Section 330 IPC, the High Court quite
erroneously dropped the charge under Section
304 Part II and also Section
Section 304 A of the IPC and reduced the sentence to
two years. While converting the conviction of said accused from
Section 304 Part II ... been drawn with regard to case
falling under Sections 304 A and 304 Part II of the IPC .
In the said judgment , proper and correct
additional statement of the complainant,
and instead of section 304A IPC, section 304 Part II, IPC was
substituted which is an offence exclusively triable ... trial by framing of a charge either under section 304A or
section 304 Part II, IPC except for the fact that the forum trying
Section 300 IPC will be attracted......"
This Court while setting aside the conviction under
section 302 convicted the accused under section 304 Part
II ... sustained under section 302 IPC,
14
but the appropriate section under which the appellant ought
to be convicted is section 304 Part II
under
Sections 304 Part II ... read with Section 35 of the Indian
Penal Code (for short ' IPC ') and framed charges under Sections 304 Part
II
under Section 302 IPC. He
contended that it is not a case of alteration of
conviction of the appellant into Section 304 (part II ... upon him under Section 302 IPC are
set aside and he is convicted under Section
38
CrA.320/2006
304 (part II
quashing the charge under Section 304
(Part II) IPC .
(ii) The evidence placed in support of the charge under
Section 304A IPC during the trial ... BGPSSS and BGPMUS under Section 216
Cr.P.C. for enhancement of the charge to Section 304 (Part II)
IPC . This application was not supported
conviction of accused (respondent herein) for the offence
punishable under Section 304 Part II of the Indian Penal Code (' IPC '), has
modified ... murder and he was guilty of the offence
punishable under Section 304 Part II IPC . The Trial Court was of the view
that while causing
Section 302 read with Section 149 . The appeal of Pyare was partly allowed and his conviction was altered to one under Section 304 , Part II ... Maniram, Nandram, Than Singh and Bhawani were convicted under Section 147 and Section 304 , Part II read with Section 149 and while maintaining the sentence
