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Head Note

Indian Penal Code,1860  - Section 302 , Section 304

Respondent No.1 hit the deceased thrice on his head with the Farsa - Trial court held the respondent no. 1 guilty under Section 302 IPC and sentenced him for life imprisonment - High Court while converting the conviction of the respondent no. 1 from Section 302 IPC to Section 304 Part-II held that the relations between respondent no. 1 and the deceased Jenu were cordial and the injury inflicted by respondent no. 1 was not pre-meditated and that only one blow caused by the respondent No.1 on the head of the deceased that proved fatal - Appeal - Respondent no. 1 did not strike the deceased at the first instance, but he struck him after an interval of time since he left the place of occurrence, went to his home and then came back armed with a Farsa - He hit the deceased repeatedly on the head, a vital part of human body, with Farsa and caused very grevious injuries - Impugned judgment of the High Court for conversion of conviction of respondent no. 1 from Section 302 to Section 304 Part-II set aside and order of conviction passed by the Trial Court restored - Appeal allowed.

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