Part II, Section 326
and 341, all read with Section 149 and Sections 144 , 147 ,
148 of IPC. For the offence under Section 304 Part ... offence punishable under Section 302 read with section
149 of IPC, it was brought down to section 304 Part II of IPC
by the Sessions
offence may be punishable
under Section 304-A of the Indian Penal Code and not
under Section 304, Part II of the Indian Penal Code ... provisions of Section
304-A of the Indian Penal Code can be used and not the
provisions of Section 304, Part II of the Indian
vide which accused appellant Gurjit Singh has been convicted under
Section 304 Part II IPC and sentenced to undergo rigorous
imprisonment for a period ... said judgment for convicting the
appellants under Section 302 IPC instead of under Section 304 Part II
IPC .
Learned counsel for the appellants has submitted
next question then is whether the case falls under Section 304
Part I or Part II of the IPC . The distinction between the two parts ... will
decide whether the case falls under Section 302 or 304 Part I or
304 Part II. Many petty or insignificant matters - plucking
accused no. 4, Channappa @ Ajjappa were, however, held guilty under
Section 304 , Part II read with Section 109 of the Indian Penal Code and
sentenced ... guilty
under Section 304 , Part II read with Section 109 or under Section 304 , Part
II of the Indian Penal Code simplicitor have, instead, been
could
only be punished for the offence under Section 304 Part-II of the Indian
Penal Code , and not for the offence of murder under ... Section 302 , IPC and sentence of
imprisonment for life are set aside. Appellant is convicted for
having committed an offence under Section 304 Part II
altered
the conviction of the respondents from Section 302/34 to Section
304 Part II of the Indian Penal Code (hereinafter to be referred ... challenges the alteration of conviction from Section 302 / 34 to
that of Section 304 Part II of the IPC .
Mr. Radha Shyam Jena, learned counsel
Rupinder Singh @ Pinda Son Of Onkar Singh ... vs State Of Punjab on 10 October, 2013
line of
distinction between offences falling in Part-I and those falling in part -
II of Section 304 of the IPC may be thin ... kitchen knife the offence under
Section 302 was converted to an offence under Section 304 Part-II of the
IPC . In Dhan Singh (supra
offence
of murder of Hemraj under Section 302 of IPC or under
Section 304 Part II of IPC .
19. The question with regard to nature ... Section 302 / 34 of Indian
Penal Code and sentence of imprisonment for life awarded
thereunder. Instead, they are now convicted under Section
304 Part II
