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Virsa Singh vs The State Of Punjab on 11 March, 1958

Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.” (underline supplied) Now, the question is whether in the present case, the offence of culpable homicide not amounting to murder is made out. Obviously in this case, none of the exceptions to Section 300 are applicable. The issue which is required to be examined is whether the case will be covered by “thirdly” in Section 300. On this aspect, we will make a reference to a decision of this Court in the case of Virsa Singh v. The State of Punjab1 which has stood the test of time.
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