Friday, April 12, 2019

Indian Penal Code 1860, Section 302 and Section 304 Part I


Indian Penal Code, 1860—Section 302 and Section 304 Part I—Murder—Conversion of conviction of the accused to Section 304 Part I of the IPC in place of conviction under Section 302 of the IPC by the High Court on the ground that it was a case of single blow—Held, is not right—There is no fixed rule that whenever a single blow is inflicted, Section 302 would not be attracted—Deceased, in the present case, had died because of single injury caused on his head by the accused by an axe—No ground to convert the conviction from Section 302 of the IPC to Section 304 Part I of the IPC—Appeal allowed—Judgment of the High Court Set aside and that of Trial         Court convicting accused under Section 302 IPC restored.



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