acted in a cruel or unusual manner, thereby attracting Exception 4 to section 300 I. P. C. In this case there is no dispute that ... Section 304 (Part II), I. P. C., have to be maintained for another reason viz., that the offence attracts Exception 4 to Section 300
under Section 302 , I.P.C. On Appeal, the High
Court applied Exception 4 to Section 300 , I.P.C. and converted the
offence ... 4
to Section 300 and Exception 4 to Section 300 IPC. As per Clause 4
to Section 300 IPC, if the person committing
charged with the offence under Section
302 IPC. The learned trial Judge, by invoking Exception 4 to Section 300 IPC,
has convicted the accused under ... held that the accused is entitled to the
benefit of Exception 4 to Section 300 IPC and convicted the accused for the
offence under Section
charged with the offence under Section
302 IPC. The learned trial Judge, by invoking Exception 4 to Section 300 IPC,
has convicted the accused under ... held that the accused is entitled to the
benefit of Exception 4 to Section 300 IPC and convicted the accused for the
offence under Section
therefore, would plead that the said act comes
within the Exception 4 to Section 300 I.P.C. and prays for modification of the
conviction ... part of the appellant/accused comes within
Exception 4 to Section 300 I.P.C.
http://www.judis
facts of the present
case can be brought within Exception 4 to Section 300 of IPC. There was
no premeditation on the part ... Exception 4 to Section 300 of IPC. The relevant portions are extracted
hereunder:
“12. Taking overall view of the matter, the facts of the
present
suicide by slitting his neck, would bring the case within Exception
4 to Section 300 IPC.
31. Per contra, the learned Additional Public Prosecutor would ... gruesome manner and therefore, the case cannot be brought under
Exception 4 to Section 300 IPC.
32. In reply, the learned counsel for the appellant
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
State of Gujarat (2003 (9) SCC 322), the help of Exception 4 to Section 300 I.P.C. can be invoked if the death ... apply the above principle or to bring the offence under Section 300 exception (4) I.P.C , the assault committed by the person, who claims
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
