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Determining whether the offense under Section 302 or 304 Part II of the Indian Penal Code is applicable in the case. Analysis: The case involved the appellant being accused of causing the death of the deceased by shooting her in the head with a revolver. The appellant had visited the deceased's house with the intention to marry her, but upon her refusal, he resorted to violence. The appellant was found guilty of the offense under Section 302 IPC, which deals with culpable homicide amounting to murder. The court noted that the appellant had premeditated the act by carrying a loaded revolver and shooting the deceased on a vital part of her body, demonstrating his intention to cause death. The court rejected the argument that the offense should be under Section 304 Part II IPC, emphasizing that the circumstances clearly indicated the appellant's intent to kill, falling within the ambit of Section 299 IPC, punishable under Section 302 IPC. The testimonies of witnesses, including family members, domestic servants, and medical professionals, provided crucial evidence regarding the events leading to the death of the deceased. The witnesses described the sequence of events, the appellant's actions, and the injuries sustained by the deceased and her family members. The medical evidence further supported the severity of the injuries inflicted by the appellant, leading to the death of the deceased. The court considered the totality of the evidence and concluded that the appellant's actions constituted culpable homicide amounting to murder under Section 302 IPC. The court emphasized that the appellant's conduct, including carrying a loaded revolver and shooting the deceased on a vital part of her body, clearly indicated his intention to cause death. The court rejected the appellant's argument that he did not have the intent to kill and that the offense should be under a lesser charge. The court found that the evidence overwhelmingly supported the charge under Section 302 IPC, and there was no basis for interfering with the trial court's judgment. Consequently, the court dismissed the appeal, canceled the bail bonds, and ordered the appellant to be taken into custody to serve the remaining sentence. In conclusion, the court upheld the conviction of the appellant under Section 302 IPC for culpable homicide amounting to murder based on the evidence presented, the appellant's actions, and his intent to cause death. The judgment highlighted the seriousness of the offense committed by the appellant and affirmed the trial court's decision without any intervention.
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