SUPREME COURT JUDGMENT ON ALTERATION OF CONVICTION FROM SECTION 302 IPC TO SECTION 304 PART II IPC

 

 

 

 

NAME

MOBILE NO.

E-MAIL I’D

RANJEET KUMAR

83830984789667769795

rk@courtkutchehry.com

JAI THAKUR

81307033349355723300

jai.thakur@courtkutchehry.com

RAJEEV RANJAN

9334553249

rajiv.ranjan@courtkutchehry.com

ASHOK MISHRA

9718327746

sales@courtkutchehry.com

RAVI KUMAR


ravi.singh@courtkutchehry.com



A Full Bench of the Supreme Court altered the conviction of the appellant from Section 302 IPC by applying the principal laid down in Chamru Budhwa vs. State of Madhya Pradesh, AIR 1954 SC 652, that when the fatal injury was inflicted by the appellant on the head of the deceased by only one blow given in the manner alleged by the prosecution it could as well be that the act by which death was caused was not done with the intention of causing death or of causing such bodily injury as is likely to cause death. The act appears to have been done with the knowledge that it was likely to cause death, but without any intention to cause death or to cause such bodily injury as is likely to cause death within the meaning of Part II of Section 304 of the Indian Penal Code.





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