The Apex Court on 31.05.2019, in State of Madhya Pradesh  v  Kalicharan & Ors, had allowed the appeal  in parts regarding the conviction of the accused involved in the commission of the crime.

FACTS:
Being   aggrieved   with    the High  Court  of Madhya Pradesh’s order and judgment wherein the appeal was allowed in parts while setting aside the conviction order and judgment and  Trial Court’s sentence,  for committing  offences under   Sections   148, 302/149, 325/149, 323/149  of the IPC while altering  the conviction of the accused from Section  302/149 of the IPC  to  Section 304 Part II of the IPC and sentencing  him to five years R.I. with fine of Rs.5000/­ and setting  aside  the conviction for the offence under Sections 148 and 302/149 of the IPC;    thereby altering   accused ’s conviction   to offences under Sections 323 and  325 of the  IPC  and reducing  the sentence to the period already undergone and setting  aside the  conviction  of the other  accused­  under   Sections   148, 302/149, 325/149 and 323/149 of the IPC  while acquitting them from the charges leading to an appeal made by the State in that regard.

DECISION HELD BY THE APEX COURT:

The Apex Court opined that based on the facts and circumstances of the matter that there was an involvement  of a brawl and the accused’s role in that brawl resulting in the acquittal of the accused  for the offences under Sections 148, 302/149 and 325/149 of the IPC leading to the dismissal of the appeal against the accused.   

When the question  came up  regarding the conviction alteration of the other accused from Sections  302/149   to   Section   304   Part II of the IPC it was held that the blow was inflicted upon the victim by the accused which on a vital part of his body  however , merely because the injury was inflicted upon by a blunt side of the weapon does not justify the conviction alteration  to Section 304 Part II of the IPC resulting in commission  of an error while altering   such conviction, thereby holding the accused guilty under offence under   Section 304  Part I of the IPC  and quashing and setting aside the judgment  and the aforesaid  of the High Court be  quashed and set aside  while t allowing of the appeal in parts.