JUDGMENT
Rajasthan, (1993) 4 SCC 238, wherein the court has explained
the circumstances under which Exception 4 to section 300 , IPC
would ... amounting to murder punishable under section 304 Part II, IPC .
31. Exception 4 to section 300 , IPC provides that culpable
homicide
examination of Exception 4 to Section 300 IPC, same reads as follows:
"300. Murder.-* * *
Exception 4.-Culpable homicide is not murder ... requirements under Section 300 Exception 4, IPC have been satisfied. Therefore, the benefit of Exception 4 under Section 300 , IPC
IPC .
29. Section 300 of the IPC reads as below:
"300. Murder Except in the cases
hereinafter excepted, culpable homicide ... invoke Exception4
to Section 300 , held as below:
"17. "6. For bringing in operation
Exception 4 to Section 300 IPC
Court considered Exception 4 to Section 300 IPC and held, as under:
"9. Section 300 of the IPC ... purpose would be clause 4 to Section 300 and exception 4 to Section 300 IPC. As per clause 4 to Section 300 IPC
cruel or unusual
manner. That being so, Exception 4 to Section 300 Indian
Penal Code is clearly applicable...
Thus we may say that the offence ... sudden quarrel within the
contemplation of exception 4 to Section 300 of the Indian
Penal Code, which takes the case out of the purview
held as under-
For bringing in operation of Exception 4 to
Section 300 Indian Penal Code, it has to be
established that ... fight" occurring in Exception
4 to Section 300 Indian Penal Code is not
defined in Indian Penal Code . It takes two to
make
fight" occurring in Exception 4 to Section 300
IPC is not defined in the Indian Penal Code . It takes two to make ... murder as specified in Exception 4 to Section 300 and hence
punishable under Section 304 part II IPC
16. In the result
under Exception 4 to Section 300
IPC? Exception 4 to Section 300 IPC can be invoked if death
is caused ... part of the accused, it falls
under Exception 4 to Section 300 IPC.
10. As discussed earlier, the entire incident
with ‘saria’ would cause her
death. By referring to Exception 4 to Section 300 IPC,
learned counsel has submitted that all the four ... upon the appellant, as such, the plea
of Exception 4 to Section 300 IPC is negated rightly by
the High Court and there
Exception 4 to Section 300 IPC.
21. Exception 4 to Section 300 IPC reads as under:-
"Exception 4. - Culpable homicide ... manner."
In order to invoke the applicability of Exception 4 to Section 300 IPC, the
following conditions are to be satisfied namely
