JUDGMENT
Rajasthan, (1993) 4 SCC 238, wherein the court has explained
the circumstances under which Exception 4 to section 300 , IPC
would be attracted ... homicide not
amounting to murder punishable under section 304 Part II, IPC .
31. Exception 4 to section 300 , IPC provides that culpable
homicide
necessitates 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 is attracted to the fact
conviction of the appellant under Section 302 of
the IPC by giving the benefit of Exception4 to
Section 300 IPC.
11. In the background ... Section 300 of the IPC reads as below:
"300. Murder Except in the cases
hereinafter excepted, culpable homicide is
murder
Supreme Court considered Exception 4 to Section 300 IPC and held, as under:
"9. Section 300 of the IPC is in two parts ... 4 to Section 300 and exception 4 to Section 300 IPC. As per clause 4 to Section 300 IPC, if the person committing
application to every case.
10. Exception 4 to Section 300 reads as under:
"300. Murder - Except in the cases hereinafter
excepted, culpable homicide ... sentence falling under Section 304 Part II IPC by
giving him the benefit of Exception 4 of Section 300
IPC. It was held by this
contended that the appellant’s case
fell within Exception 4 to Section 300 of the I.P.C. which reads as under:
“Exception 4.— Culpable ... opinion, should
entitle the appellant to the benefit of Exception 4 to Section 300 of the
I.P.C.
10. Time now to refer
application to every case.
8. Exception 4 to Section 300 reads as under:
"300. Murder - Except in the cases hereinafter excepted, culpable homicide ... sentence falling under Section 304 Part II IPC by giving him
the benefit of Exception 4 of Section 300 IPC. It was held by this
relevant to produce Section 300
which is as under:-
“300.Murder--.Except in the case hereinafter excepted, culpable
homicide is murder ... requirements under
Section 300 Exception 4 of the IPC have been satisfied. Therefore, the
benefit of Exception 4 under Section 300 IPC is attracted
saria’, as such
the case of the appellant falls within Exception 4 to
Section 300 IPC, the High Court has found that two
ingredients ... neck with ‘saria’ would cause her
death. By referring to Exception 4 to Section 300 IPC,
learned counsel has submitted that all the four
ingredients
Exception 4 all the ingredients mentioned in it must be found. It is to be
noted that the ‘fight’ occurring in Exception 4 to Section ... requirements under Section
300 Exception 4, IPC have been satisfied. Therefore, the benefit of
Exception 4 under Section 300 , IPC is attracted to the fact
