Penal Code, 1860 – s.302 and s.304 Part-I – Conversion of conviction u/s. 302 IPC to s.304 Part-I IPC – Held: The facts, as they have emerged from the record, indicate that the incident had taken place on the spur of the moment and was a fallout of an altercation over the excavation of a mound by the brother of the appellant – This was objected to by the complainant – The altercation resulted in the appellant going into his house and bringing out a country made pistol – The son of the complainant - who is the deceased - intervened in the course of the altercation and was fired at resulting in a single fire arm injury leading to his death – Considering the circumstances of the case, the conviction u/s. 302 IPC converted to one u/s. 304 Part-I.
The complainant noticed brother of the appellant getting a mound dug on a disputed plot. The appellant intervened in the altercation and there was an exchange of words. The appellant rushed to his house and returned with a country made pistol. The son of the complainant caught hold of the appellant from behind and got shot by the appellant. The son of the complainant succumbed to his injuries. The appellant was convicted u/s. 302 by the Additional Sessions Judge. The High Court dismissed the appeal filed by the appellant. Hence, the present Criminal Appeal.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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