does not
amount to culpable homicide under Section 299 IPC or murder
under Section 300 IPC. If a person wilfully drives a motor
vehicle into ... that act does not
amount to culpable homicide under Section 299 or murder under
Section 300. If a person willfully drives a motor vehicle into
homicide’. Section
300 , however, deals with ‘murder’ although there is no clear definition of
‘murder’ in Section 300 of the Code. As has been repeatedly ... murder. If it is murder, then it is culpable homicide amounting to murder,
for which punishment is prescribed in Section 302 of the Code. Section
offence committed by the appellants is not murder as defined in Section
300 , IPC, but culpable homicide not amounting to murder under Section ... guilty of the offence of murder under
Section 302 read with Section 34 , IPC.
6. Exception 4 to Section 300 , IPC, is quoted hereinbelow:
“Culpable
culpable homicide not amounting to murder' - since
Section 304 does not define this expression - Sections
299 and 300 IPC have to be seen. Section ... doer is likely by such act to cause death.
28. Section 300 deals with murder and also
provides for exceptions. The culpable homicide is murder
provision is directed at
offences outside the range of Sections 299 and 300 IPC. Section
304-A applies only to such acts which are rash ... that act does not
amount to culpable homicide under Section 299 or murder under
Section 300. If a person wilfully drives a motor vehicle into
committed by accused nos.1, 6 and 7 amounts to murder under
Section 300 , IPC, or some other offence. The medical evidence ... were liable for punishment for culpable homicide not amounting to
murder under Section 304 Part I, IPC .
13. On similar facts, where injuries were caused
Section 302 of
the IPC with Section 27(3) of the Act. Section 302
is as follows:
"302. Punishment for murder.- Whoever
commits murder ... defined in
Section 300 of IPC with various exceptions and
explanations. Section 300 of IPC is set out below:
"300. Murder.-Except
ambit of para Thirdly of Section 300
IPC and, therefore, would be culpable homicide amounting to murder. In the
present case, the intention ... murder”. This Court, speaking through Hidayatullah, J. (as he
then was) after explaining the comparative scope of and the
distinction between Sections 299 and 300
referred to the third clause of Section 300 of the
IPC which reads as follows:
“300. Murder.—Except in the cases hereinafter excepted, culpable
homicide ... third clause of Section 300 of the IPC. There can be
no doubt that if the unlawful assembly did not murder Gurdial Singh, it
certainly
death is likely to be caused. Under Section 300
IPC all acts of culpable homicide amount to murder except what is
specifically covered ... said Section 300. Section 304
of Indian Penal Code provides for punishment for the offence of culpable
homicide not amounting to murder.
19. Commission
