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The Supreme Court in a bench comprising Justice MR Shah and Justice AS Bopanna were considering an appeal filed by the State of Madhya Pradesh against alteration of the conviction of an accused from Sections 302/149 to Section 304 Part II of the IPC by the High Court.
The Court stated that even if it a single blow but on a vital part of the body the case can fall under the ambit of Section 302 of the IPC and the accused can be held guilty for the offence under the same provision. Additionally the Bench set aside the High Court jugdement and altered the conviction from Section 302 of the IPC to Section 304 Part I of the IPC and is sentenced to undergo eight years R.I. with a fine of Rs.5000.
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