1986 INSC 0298
                                                 Dalla and Another

                                                           Vs

                                                  State of Rajasthan

                                        Criminal Appeal No. 482 of 1986

                                      (O. Chinnappa Reddy, M. M. Dutt JJ)

                                                      16.09.1986

                                                        ORDER

1. Special leave granted.

2. Both the appellants have been directly convicted of the offence of the offence under Section 302
IPC without the application of Section 34. The medical evidence discloses that there was only fatal
injury. The evidence does not show that there was common intention to cause death. We think that
in the circumstances of the case, the safer course would be to convert the conviction of appellants to
one under Section 304 IPC instead of under Section 302 IPC. The conviction of the appellants is,
therefore, altered to one under Section 304 IPC. Accordingly the sentence is altered from life
imprisonment to 7 years rigorous imprisonment. If they have already undergone the sentence, they
will be released forthwith. The appeal is disposed of accordingly.

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