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1 - 10 of 15 (0.21 seconds)Section 304 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 300 in The Indian Penal Code, 1860 [Entire Act]
Madhavan vs The State Of Tamil Nadu on 14 August, 2017
In view of the aforesaid discussion and also the law laid
down by the Hon'ble Supreme Court in Madhavan and Ors. Vs.
State of Tamil Nadu, Sikandar Ali Vs. State of Maharashtra,
Arjun and Anr. Vs. State of Chhattisgarh and Elavarasan Vs.
State (supra), we are of the view that the case of the appellant
qualifies all parameters. Therefore, the appeal is partly allowed.
We hold that the act of the appellant does not fall under the
purview of the offence punishable under Section 302 of IPC but
-: 19:- Cr.A.No.1206 of 2007
falls under the purview of offence punishable under Section 304
Part-II of IPC.
Arjun And Anr. Etc. Etc vs State Of Chhattisgarh on 14 February, 2017
In view of the aforesaid discussion and also the law laid
down by the Hon'ble Supreme Court in Madhavan and Ors. Vs.
State of Tamil Nadu, Sikandar Ali Vs. State of Maharashtra,
Arjun and Anr. Vs. State of Chhattisgarh and Elavarasan Vs.
State (supra), we are of the view that the case of the appellant
qualifies all parameters. Therefore, the appeal is partly allowed.
We hold that the act of the appellant does not fall under the
purview of the offence punishable under Section 302 of IPC but
-: 19:- Cr.A.No.1206 of 2007
falls under the purview of offence punishable under Section 304
Part-II of IPC.
Sikandar Ali vs State Of Maharashtra on 14 February, 2014
In view of the aforesaid discussion and also the law laid
down by the Hon'ble Supreme Court in Madhavan and Ors. Vs.
State of Tamil Nadu, Sikandar Ali Vs. State of Maharashtra,
Arjun and Anr. Vs. State of Chhattisgarh and Elavarasan Vs.
State (supra), we are of the view that the case of the appellant
qualifies all parameters. Therefore, the appeal is partly allowed.
We hold that the act of the appellant does not fall under the
purview of the offence punishable under Section 302 of IPC but
-: 19:- Cr.A.No.1206 of 2007
falls under the purview of offence punishable under Section 304
Part-II of IPC.
M.A.A.Annamalai vs State Of Karnataka & Anr on 12 August, 2010
In
Annamalai Vs. State reported in 2016 CRI.L.J. 2727, the
-: 19:- Cr.A.No.1206 of 2007
Division Bench of Madras High Court has considered the
mitigating circumstances and has held in para-13 of the
judgement as under:-
Gopal Singh vs State Of Uttarakhand on 8 February, 2013
9. We may usefully refer to the decision of this
Court (one of us, Justice Dipak Misra speaking
for the Court) in the case of Gopal Singh v.
State of Uttarakhand (2013) 7 SCC 545 : (AIR
2013 SC 3048) enunciated the necessity to
adhere to the principle of proportionality in
-: 19:- Cr.A.No.1206 of 2007
sentencing policy. In paragraphs 18 and 19 of
the said decision, the Court observed thus:
Elavarasan vs State Rep.By Inspector Of Police on 5 July, 2011
In view of the aforesaid discussion and also the law laid
down by the Hon'ble Supreme Court in Madhavan and Ors. Vs.
State of Tamil Nadu, Sikandar Ali Vs. State of Maharashtra,
Arjun and Anr. Vs. State of Chhattisgarh and Elavarasan Vs.
State (supra), we are of the view that the case of the appellant
qualifies all parameters. Therefore, the appeal is partly allowed.
We hold that the act of the appellant does not fall under the
purview of the offence punishable under Section 302 of IPC but
-: 19:- Cr.A.No.1206 of 2007
falls under the purview of offence punishable under Section 304
Part-II of IPC.