#Section 304 Part II

The Orissa High Court reduced a murder conviction to culpable homicide under Section 304 Part II IPC, holding that Section 301 IPC's transferred malice does not upgrade the offence when the unintended victim dies. The ruling clarifies that murder requires intent towards the actual victim, narrowing constructive liability in homicide cases.

The Supreme Court upheld the High Court's reduction of a murder conviction to culpable homicide not amounting to murder, holding that material inconsistencies in eyewitness accounts and a dying declaration uncorroborated by medical evidence failed to prove the specific intent required for Section 302 IPC. The ruling reinforces that courts must rigorously test dying declarations against ocular and forensic evidence before sustaining murder convictions. The accused, having already served a six-year sentence under Section 304 Part II, will not face life imprisonment.