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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2314 OF 2022 [Arising out of SLP(CRL.) No. 6633 of 2022]
JANDEL SINGH Appellant(s)
VERSUS
STATE OF MADHYA PRADESH Respondent(s)
WITH
CRIMINAL APPEAL NO. 2315 OF 2022 [Arising out of SLP(CRL.) No. 6634 of 2022]
O R D E R
1. Leave granted.
2. The appeals are taken up for hearing forthwith.
3. Learned counsel for the appellant(s) submits that the
appellants restrict their claim for conversion of their
conviction from Section 302 IPC to part I or II of Section
304 IPC.
4. Learned counsel for the respondent vehemently opposes
this prayer. He submits that the appellant(s) had
assaulted the deceased on his head which is a vital part
and, therefore, the intention to cause death would easily
be gathered from the circumstances.
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5. The perusal of the FIR itself would reveal that there
was a heated argument between the parties, which led to a
sudden quarrel. As a result of which, the present
appellant used a stick and the other one used Kharera
(wooden plank of bullockcart).
6. Taking into consideration the fact that the incident
had occurred at the spur of the moment...