KISHORE SINGH & ANR. vs THE STATE OF MADHYA PRADESH

The Supreme Court held that under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, a certificate under Article 134(1)(c) of the Constitution is unnecessary when an accused is acquitted of a major charge but convicted of a minor one. The Court clarified that such a conviction still constitutes an acquittal for the purposes of Section 417(1) of the Criminal Procedure Code, 1898, allowing the State to appeal. The Court modified the conviction to Section 304 Part 1/34 IPC, emphasizing the distinction between culpable homicide and murder, and upheld the right to appeal without the need for a certificate.