Shukla and Babuli Shukla @ Babli Shukla have been
convicted under section 304 part II/34 of the Indian Penal Code and sentenced
to undergo rigorous ... Code and/or section 302
of the Indian Penal Code convicted the appellant Jay Shanker Shukla under
section 304 part II of the Indian Penal
purview of Section 302 of the I.P.C. rather it
could at best attract the provision of Section 304 Part II ... matter, the offence could at best be
covered under Section 304 Part II IPC and not under Section
302 IPC. We have given a careful
purview of Section 302 of
the I.P.C., rather it could at best attract the provision of Section
304 Part II
would fall within the ambit of Section
302 IPC or would be one covered by Section 304 Part II of the
IPC . Despite the consistent
purview of Section 302 of
the I.P.C., rather it could at best attract the provision of Section
304 Part II
Samastipur whereby the
learned trial court convicted the appellant under Section 304
Part-II of the Indian Penal Code and sentenced him to undergo ... with Section 34 IPC. Since
Section 34 IPC covers common intention, the
substantive charge against the appellant is under
Section 304 Part II IPC which
would fall within the ambit of Section
302 IPC or would be one covered by Section 304 Part II of the
IPC . Despite the consistent
Supreme Court altered the conviction from Section 302 / 149
of the Indian Penal Code to Section 304 Part II read with Section ... murder as per
the third clause of Section 299 IPC, punishable under
Sections 304 Part II/149 IPC . We, therefore, are of the
opinion that
304 (Part
II) and 304 (Part II)/149 of the IPC is erroneous and perverse, as such
conviction of the appellants be modified under Section ... Section 304
of the IPC to Section 149 and also under Section 148 of IPC and
under Section 27 of the Arms Act.
41. Learned
304 (Part
II) and 304 (Part II)/149 of the IPC is erroneous and perverse, as such
conviction of the appellants be modified under Section ... Section 304
of the IPC to Section 149 and also under Section 148 of IPC and
under Section 27 of the Arms Act.
41. Learned
