Section 301 in The Indian Penal Code, 1860
301. Culpable homicide by causing death of person other than person whose death was intended
offence punishable under Section 302 read with Section 301 of Indian Penal Code (" IPC " for short), and sentenced to suffer ... offence punishable under Sections 302 read with 301 IPC . The charge was read over and explained to the appellant who pleaded not guilty
sustainable. Instead, the Appellant ought to have been charged
under Section 301 IPC, which provides for punishment of culpable
cul
homicide when death ... first blush,
appear to be covered under Section 301 of the Indian Penal Code,
inasmuch as the intention
intention of the Appellant, as alleged
Part II of IPC . In this context whether
Section 301 of IPC can be pressed into service by the
Court ... specific punishment prescribed by the statute for the
offence under Section 301 of IPC in our opinion, it is a
supplement or extension
accepted, the case will be covered by Section 301 IPC and this will be a case under doctrine of transfer of malice ... most it can be said that offence punishable under Section 301 IPC was made out against the accused-appellant Ayub alone. At that
guilty of murder as defined in Sections 299 to 301 , Indian Penal Code.
10. This conclusion is in accord with the view of Norman Offg ... before dealing with it, I must turn to Section 301 , Indian Penal Code. That section apparently applies to a cause where the death
State of
Gujarat1 , this court while discussing the scope of Section
301 IPC held as under:
"It embodies what the English authors ... noticed is that to invoke S.301 of the Indian
Penal Code A shall not have any intention to
cause the death or the knowledge
IPC,
converted the conviction from Section 302 of the IPC to Section 304
Part-II of the IPC ... Section 300 IPC and
hence punishable under Section 304 IPC and not under
Section 302 IPC. In Yogendra Morarji
doctrine of transfer of malice as embodied in Section 301 IPC.
17. Section 301 IPC reads as follows :
301. Culpable homicide ... Medical Officer, falls within the ambit of Section 301 IPC. Such offence is
entirely punishable with the same decree as that of murder
against A2 to A7
(iv) Offence u/s 302 r/w 301 IPC against A1.
(v) Offence u/s 302 r/w 301 ... counts).. 7 years Rigorous Imprisonment each
u/s 302 r/w 301 IPC .. Imprisonment for Life
u/s 3 of Explosive Substances