for 10 years for offence under Section 304 (Part-I) with a fine of Rs.2,000/- (Rupees Two Thousand Only) in default of payment of fine to suffer additional R.I. P.W.6 Padam Singh, who is the uncle of the deceased Jeevan Singh, on hearing cry of Jeevan Singh, reached on 3 the spot and saw the appellants-accused assaulting Jeevan Singh with various sharp edge weapons. came to be lodged for the offences punishable under Sections 307, 147, 148 and 149 of the I.P.C. After completion of the investigation, charge-sheet was 4 filed for offences punishable under Sections 147, 148 and 302 read with Section 149 of the I.P.C.
He, therefore, submits that, as a matter of fact, the instant case would fall under Section 302 of the I.P.C., inasmuch as the appellants armed with deadly weapons had waylaid the deceased on account of previous enmity. Clean lacerated wound measuring 9 cm x 4 cm x muscle deed on dorsal exposed, bleeding. Lacerated wound measuring 2 cm x 1 cm x muscle deep on lt. We are, therefore, of the considered view that the case would not fall under Section 304 (Part-I) and would fall under Section 304 (Part- II) of the I.P.C. We, therefore, alter the judgment and order of the Trial Court as well of the High Court and convert the conviction of the appellants herein from Section 304 (Part-I) to the one under Section 304 (Part-II) of the I.P.C.
As the appellants have already undergone 03 years and 05 months, the appellants shall surrender to the custody within a period of four weeks from today for serving remainder of the sentence.
Case Title: POP SINGH . Vs. THE STATE OF MADHYA PRADESH
Case Number: Crl.A. No.-001846-001846 / 2010
