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Head Note

Indian Penal Code,1860  - Section 302 , Section 304

Conviction - Accused assaulting the deceased with the knife thrice and ran away from the spot - Trial Court convicting the accused u/sec. 302 IPC awarding life imprisonment - Appeal against - Medical report showing that accused has not given the knife blow with full force - The fact that accused stabbed the deceased twice in the thigh and only once in the chest is indicative of a lack of intention to cause death - Dying declarations not saying that accused had premeditated or preplanned his actions or that accused was having any information prior to the incident that the deceased would be found with his sister at the place of occurrence - It a case of loss of self control - In the heat of passion, the accused caused injuries to deceased - Conviction of the accused altered from Section 302 IPC to Section 304 Part-I IPC - Sentence of 10 years RI awarded to accused.

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