Supreme Court of India
Morcha v. The State of Rajasthan
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What the Court ordered
We are of the view that the Sessicns Judge was wholly wrong in convicting the appellant under section 304 Part II of the Indian Penal Code and acquitting him of the charge under section 302 of the Penal Code and the High Court was wholly right in convicting the appellant under section 302 of the Penal Code instead of under section 304 Part II of the Penal Code.
Judgment, page 7
From the headnote
Culpable hondcide-Accused causing several injuries on the person of the deceased, out of which one iniury which had injured the liver and caused the perforation of the larger colon was sufficient to cause the death in the ordin,rry course of nature-Medical opinion further was to the effect "that if immedi1lte expert treatment had been available and tfle emergency operatlon had been performed, there were chances of survival of the deceased"-Whether it alters !he nature of offence from one under Section 302 l.P. . to one under Section '.:104 Part II l.P. . Penal Code, Sections 299, 300, 302,
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