Indian Kanoon - Search engine for Indian Law

have intended to cause Z's death." As has been mentioned in Illustration (c) to S. 300 ... murder punishable under S. 302 I.P.C. Their Lordships of the Supreme Court again considered the provisions of S. 300

clause Of S. 300 Indian Penal Code applied. He accordingly convicted and sentenced the accused under S. 302 India, Penal Code. The High Court upheld ... said that the case fell under s. 300, 3rdly and so he convicted under s. 302 , Indian Penal Code. The learned High Court Judges considered

SCALE (2)917 ACT: Indian Penal Code , 1860: S. 300 cl. 'thirdly,' Exception 4- Ingredients: Accused-Dangerously armed-Caused fatal blows on unharmed ... nature to cause death attracts clause 'thirdly' of s. 300 I.P.C . It would be murder unless it is brought

IPC) and murder ( section 300 IPC) is always to be carefully borne in mind while dealing with a charge under s ... murder when the case is brought within the five exceptions to S. 300 I.P.C. But, even though none of the said five exceptions

firstly' of Section 300 IPC, the case would certainly fall within 'thirdly' of Section 300 IPC. As this ... only fall under Exception 1 to S. 300 punishable under part II of S. 304 IPC. In support of this argument, reference

murder, unless it comes under the exceptions embodied in S.300 IPC. The wording of S.300 IPC would suggest that ... sustained provocation. Now that it is clear that the exceptions under S.300 IPC are not limitative, we have to examine whether Nallathangal

Part II of S.304 if the case is such as to fall within Clause (4) of S.300 of the IPC. Again ... part of S.299 of the IPC, may be attracted but not any of the clauses of S.300 of the IPC

injured. From this an irresistible inference ensues that exception 4 to s. 300 , I.P.C. would be attracted. The exception provides that culpable homicide ... village. In these circumstances we are satisfied that Exception 4 of s. 300 , I.P.C. is attracted and the offence of murder would

imprisonment s/o Karulal S. 302 r/w 34 Imprisonment Rs 1000/- 6 months Rigorous I.P.C . for Life imprisonment S. 201 ... imprisonment s/o Karulal S. 302 r/w 34 Imprisonment Rs 1000/- 6 months Rigorous I.P.C . for Life imprisonment S. 201

follows: "For bringing in operation of Exception 4 to S. 300 , I.P.C., it has to be established that the act was committed ... acted in a cruel or unusual manner. The Fourth Exception to S. 300 , I.P.C. covers acts done in a sudden fight. The said