doctrine of transfer of
malice, as envisaged under Section 301 of the IPC, the conviction of the
Appellant is to be converted from ... noticed is that to
invoke Section 301 of the Indian Penal Code A shall not have any
intention to cause the death or the knowledge
Indian Penal Code,
16:36:28 IST
Reason:
1860 ( IPC ). He was also convicted under Section 307 IPC ... offence under Section 301 / 302 IPC, appellant was sentenced to
undergo imprisonment for life and for the offence under Section
307 IPC
manner
of doubt that the provisions of Section 301 IPC have been
completely ignored and the relevant criteria for judging the validity
manner of doubt that the
provisions of Section 301 IPC have been
completely ignored and the relevant criteria for
judging the validity
case no 7445/10 U/S- 323, 452, 376, 504, 506, IPC relating to P.S Shahabad, District Hardoi. contained in Annexure ... Case crime No.917 of 2010 under Sections 420 , 302 , 301 IPC
rigours of
Section 302 of IPC read with Section 301 of IPC, in the light of the
doctrine of trans migration ... indication that the theory of transferred malice, by virtue of Section
301 IPC, can be made applicable in this case, had held that
IPC are found in
Section 301 of the IPC. It reads as follows:
"301. Culpable homicide by causing death ... negligent act nor can be alleged of
offence made penal under Section 304 of the IPC.
9. If the facts obtaining
named accused persons including applicant through an application under Section 156(3) Cr.P.C., informant's daughter Shamima was enticed away ... lodged under Section 304-B , 120-B and 301 IPC. However, after investigation, it has been converted 306A IPC . The Investigating
investigation and filed charge sheet for the offence under
Sections 354 , 301 of IPC and Sections ... that no offence under provisions of SC & ST
Act and 301 of IPC was made out and accordingly acquitted
the accused. However
under Sections 147 , 148 , 149 , 302 , 301 IPC, Police Station- Katghar, District- Moradabad.
5. Learned counsel for the applicant has submitted that
