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1 - 10 of 59 (2.18 seconds)The Indian Penal Code, 1860
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 299 in The Indian Penal Code, 1860 [Entire Act]
Section 304 in The Indian Penal Code, 1860 [Entire Act]
State Of Andhra Pradesh vs Rayavarapu Punnayya & Another on 15 September, 1976
CRL.A.No.100217 OF 2022
this Court in State of A.P. v. Rayavarapu Punnayya,
(1976) 4 SCC 382, where it was observed as under:-
Section 34 in The Indian Evidence Act, 1872 [Entire Act]
Virsa Singh vs The State Of Punjab on 11 March, 1958
"...that the safest way of approach to the
interpretation and application ofSections 299 and
300 of the Code is to keep in focus the key
words used in various clauses of the said
sections. Minutely comparing each of the clauses
of sections 299 and 300 of the Code and the
drawing support from the decisions of the court
in Virsa Singh v. State of Punjab, (AIR 1958 SC
465 : 1958 Cri LJ 818) and Rajwant Singh v.
State of Kerala, (AIR 1966 SC 1874 : 1966 Cri LJ
1509) speaking for the court, Justice RS
Sarkaria, neatly brought out the points of
distinction between the two offences, which have
been time and again reiterated. Having done so,
the court said that wherever the Court is
confronted with the question whether the offence
is murder or culpable homicide not amounting to
murder, on the facts of a case, it would be
convenient for it to approach the problem in
three stages. The question to be considered at
the ftrst stage would be that the accused has
done an act by doing which he has caused the
death of another. Two, if such causal connection
between the act of the accused and the death,
leads to the second stage for considering
whether that act of the accused amounts to
culpable homicide as deftned in section 299. If
the answer to this question is in the negative,
the offence would be culpable homicide not
amounting to murder, punishable under the First
or Second part of Section 304, depending
respectively, on whether this second or the third
clause of Section 299 is applicable. If this
question is found in the positive but the cases
come within any of the exceptions enumerated in
Section 300, the offence would still be culpable
homicide not amounting to murder, punishable