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Head Note

Indian Penal Code,1860  - Section 302 , Section 304

Section 302, Section 304 Part II - Nature of Offence - Murder - Culpable homicide not amounting to murder - High Court has not considered the evidence, neither the nature of injuries nor method and manner in which they were inflicted - It has also not considered the aspect whether the accused intended to inflict injuries so as to cause the death - Even the circumstances to take the case out of the purview of section 302 have also not been discussed - Mere statement in the judgment to that effect is not enough - Evidence is not only required to be mentioned in the judgment but its evidentiary value has to be assessed carefully - No such exercise has been made - Judgment and order passed by the High Court converting the conviction and sentence from offence punishable u/s 302 IPC to 304 Part II IPC liable to be set aside - Matter remitted to the High Court to decide the same again after hearing the parties in accordance with law.

Topic(s)-Nature of Offence - Murder - Culpable homicide not amounting to murder