Appeal cr.

Niny (Querist) 24 February 2012 This query is : Resolved
Conviction under s.302, Can it be changed to sec 304 during Appeal , as act was done under grave and sudden provocation, claimed by council for accused, u/s. 300 exceptions (b)culpable homicide not amount to murder.

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Shonee Kapoor (Expert) 24 February 2012
You can raise this ground in appeal, but it should be supported by some material on record.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 25 February 2012
Take the same as ground in memo of appeal.Court would convert only when there is evidence on record to arrive at such conclusion.

Raj Kumar Makkad (Expert) 25 February 2012
It is not possible to plead such defence in appeal. Why didn't you challenge Charge?

Nishith P Thakkar (Expert) 25 February 2012
it is the power of court to change the charge if it is not prejudiced to the defense the court can change charge at any time. in the case of high gravity of offence like 302 court can change it to low gravity of secition 304. the criteria should be it should not prejudice to right of defense. if you want to plead it challenge the legality of charge and ingridents of applicable seciton with the alleged fact and deposition on record.it all depended on depositions