Sunday, April 21, 2024

Conviction under Section 302 converted to conviction under Section 304 Part-II of IPC: High Court

Upon hearing a criminal appeal, Patna High Court's division bench of Justice Ashutosh Kumar and Khatim Reza observed, "we convert the conviction of the appellant under Section 302 to one under Section 304 Part-II of the IPC" in Ram Dular Singh v. State of Bihar (2006).

The Court found that since the attack was without an intention of causing death but surely with the knowledge that it would have caused such injury which might result in death, the appellant, a resident of Kaimur cannot escape the liability under Section 304 Part-II of the IPC for manslaughter and not murder. 

The Court concluded that "if the sentence of the appellant is reduced to the period of custody which he has already undergone, it would sufficiently meet the ends of justice. We order accordingly. The conviction of the appellant/Ram Dular Singh is converted into one under Section 304 Part-II of the IPC and the sentence is modified to the period of custody that he has already served." 

Prior to the judgement, the appellant was released on bail after having remained in jail for about five and a half years. The judgement was authored by Justice Kumar. 

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