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Head Note

Indian Penal Code,1860  - Section 202 , Section 304

Section 202, 304 Part II - Murder - No Modification of Offence - Nature of Offence - Single Blow - Death Caused - Alteration of sentence - Prayer for - Established in evidence that the deceased and the other members of the family were wholly unarmed - Deceased had come to his village only in the morning of the fatal day - Appellant and his younger brother, who is the co-accused, both were in possession of arms, the appellant had fetched the knife which had a wooden handle and 17 centimeter long blade portion with which the fatal injury was caused on the left side of the chest of the deceased - It is a situation where the appellant has taken undue advantage of the situation Held that it is not a case where the appellant is entitled to alteration of sentence from Section 302 of IPC to Section 304 Part II of IPC.

Topic(s)-Murder - No Modification of Offence