exception(4) of Section 300 IPC, for
better appreciation, it is relevant to extract the provision of Section 300
IPC.
“300.Murder.—Except ... Exception 4.”
11. The submission of the learned counsel for the appellant that
his case come under the Exception (4) of Section 300
under the exception(4) of Section 300 IPC, for better appreciation, it is relevant
to extract the provision of Section 300 ... 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
facts of the present case can be
brought under exception 4 to Section 300 IPC. The learned counsel also
brought to the notice of this ... facts of the present case can be brought
within exception 4 to Section 300 IPC and it has to be held that the
2nd appellant
comes under Exception 4 to
Section 300 of IPC. As per Section 300 of IPC exception IV the culpable
homicide not amounting to murder ... facts of the present case can be brought
within Exception 4 to Section 300 of IPC. There was no premeditation on
the part
attract the offence punishable under Section 302 of IPC, in that case, it
would attract Exception 4 of Section 300 of IPC punishable under Section
injured. Hence the act of the accused does fall under
Exception 1 of Section 300 of IPC. Therefore, he prayed to pass order
accordingly ... passion, therefore the act of the accused
falls under Exception 4 of Section 300 of IPC which is punishable under
Section 304 Part
injured. Hence the act of the accused does fall under
Exception 1 of Section 300 of IPC. Therefore, he prayed to pass order
accordingly ... passion, therefore the act of the accused
falls under Exception 4 of Section 300 of IPC which is punishable under
Section 304 Part
relevant to draw a
distinction and determine the applicability of exception 4 to Section 300
IPC, for the purpose of ascertaining, whether there ... case squarely falls
within the 5 exceptions to Section 300 IPC. Even though none of the 5
exceptions are prima facie established on the evidence
relevant to draw a
distinction and determine the applicability of exception 4 to Section 300
IPC, for the purpose of ascertaining, whether there ... case squarely falls
within the 5 exceptions to Section 300 IPC. Even though none of the 5
exceptions are prima facie established on the evidence
will fall within any
of the exceptions under Section 300 IPC, warranting modification in the
sentence under Section 304 IPC.
22.On carefully going through ... exception 4 to Section 300 IPC. There was a sudden fight in the heat of
passion and there was exchange of blows and ultimately
