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1 - 10 of 10 (1.77 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 106 in The Indian Evidence Act, 1872 [Entire Act]
Section 300 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Emperor vs Shaik Hasan Abdul Karim (No. 2) on 13 April, 1944
This is also the principle laid down by the Full Bench of the Bombay High Court in Emperor v. Shaikh Hasan Abdul Karim, AIR 1944 Bom. 274 (FB). Pari Passu, this principle could also apply for the Court reaching a finding that only a case of culpable homicide not amounting to murder instead of murder was disclosed, because some material existed on record for the Court for arriving at a finding that one or the other exception to section 300 IPC or some other circumstance exonerative of the accused existed for reducing the severity of the charge.
Munshi Ram And Others vs Delhi Administration on 27 November, 1967
In Munshi Ram v. Delhi Administration, AIR 1968 Sc 702, it has been held that even if only a plea of the denial has been raised by the accused under section 342 (now s. 313) Cr.P.C., the Court is not precluded from giving an accused the benefit of the right of private defence, if on the basis of some material on record, or cross-examination or by examining defence witnesses the foundation for such a finding can be laid.
Budhi Lal vs State Of Uttarakhand on 26 September, 2008
In AIR 2009 SUPREME COURT 87 "Budhi Lal v. State of Uttarakhand," it has been held that murder is the specie of the genus culpable homicide not amounting to murder and that special characteristics are needed for bringing a case within the folds of section 302 IPC. Thus the above law report reads at paragraph 12:
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