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1 - 6 of 6 (0.03 seconds)Section 326 in The Indian Penal Code, 1860 [Entire Act]
Section 299 in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Patel Hiralal Joitaram vs State Of Gujarat on 18 October, 2001
3. On the other hand, according to the A.P.P., the facts disclosed by the witnesses make out an offence under Section 302 of the Indian Penal Code since according to him, on the face, it can be clearly gathered that the appellant had intention to cause death of the deceased especially in view of the fact that even on earlier occasion about 10 years prior to the incident the appellant had tried to murder the deceased but he did not succeed in his attempt to do so and had been convicted for the offence of attempt to commit murder of deceased under Section 307 of the Indian Penal Code and had been sentenced to 5 years R.I. which sentence was undergone by him. According to the A.P.P., the medical evidence on record proves that the death resulted on account of poemia due to the injuries on the person of the deceased. Relying upon Explanation (2) to Section 299 of the I.P.C. as also the Judgment of the Apex Court in the case of Patel Hiralal Joltaram v. State of Gujarat , and in the case of Fattesingh Pancham Ghodke v. State of Maharashtra 2002 All M.R. (Cri.) 1128 : 2001 (1) Mah. L.J. 491, it was urged that the offence squarely fall under Section 302 of the Indian Penal Code and that there is no case to scale down the offence under Section 326 of the Indian Penal Code. Therefore, he contends that the appeal be dismissed.
Fattesingh Pancham Ghodke vs State Of Maharashtra on 8 August, 2001
3. On the other hand, according to the A.P.P., the facts disclosed by the witnesses make out an offence under Section 302 of the Indian Penal Code since according to him, on the face, it can be clearly gathered that the appellant had intention to cause death of the deceased especially in view of the fact that even on earlier occasion about 10 years prior to the incident the appellant had tried to murder the deceased but he did not succeed in his attempt to do so and had been convicted for the offence of attempt to commit murder of deceased under Section 307 of the Indian Penal Code and had been sentenced to 5 years R.I. which sentence was undergone by him. According to the A.P.P., the medical evidence on record proves that the death resulted on account of poemia due to the injuries on the person of the deceased. Relying upon Explanation (2) to Section 299 of the I.P.C. as also the Judgment of the Apex Court in the case of Patel Hiralal Joltaram v. State of Gujarat , and in the case of Fattesingh Pancham Ghodke v. State of Maharashtra 2002 All M.R. (Cri.) 1128 : 2001 (1) Mah. L.J. 491, it was urged that the offence squarely fall under Section 302 of the Indian Penal Code and that there is no case to scale down the offence under Section 326 of the Indian Penal Code. Therefore, he contends that the appeal be dismissed.
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