Section 300IPC, which will be
punishable under Section 302 IPC. The offence
may fall in any one of the four clauses of
Section ... offender would
not be liable for conviction under Section 302
IPC. A plain reading of Section 299 IPC will
show that it contains three clauses
vires of the Provincial Legislature which enacted it in 1948.
(4) Section 299(3) , Government of India Act, 1935, provided (to the extent that ... Legislature were debarred from enacting any such law by reason of Section 299(2) , Government of India Act. Therefore the question that we have
statement of Kailash Narayan was recorded on 26-3-1977 Under Section 299 , Cr. P.C. The appellant, after his surrender, was tried ... raised a presumption under Section 80 of the Evidence Act about the proceedings and statement so recorded under Section 299. The trial Court held that
Section 299 in The Mumbai Municipal Corporation Act, 1888
299. Acquisition of open land or of land occupied by platforms, etc., within the regular line ... without obtaining the permission to occupy the building from the Commissioner under section 353A, 'owner' of the said land or building means a co-operative
under Section 307 IPC.
Ultimately, the Sessions Judge convicted the appellant under
Section 302 and under Section 307 IPC as well as under
Sections ... requirements of the first part
of sub-section (1) of Section 299 Cr.P.C. When the accused
is arrested and put up for trial
Balu Sudam Khalde vs The State Of Maharashtra on 29 March, 2023
Author: Sudhanshu Dhulia
Sections.
It needs to be noted that in all these sections the word
used is 'building' in contradistinction with Section 299 which
speaks ... building' in Section 3(s) of the Act, and therefore, fall outside
the purview of Section 299 .
The next argument put forth
borne out by Illustration (b) appended to Section 300 .
15. Clause (b) of Section 299 does not postulate any such knowledge
on the part ... murder’. Illustration (c) appended to
Section 300 clearly brings out this point.
20. Clause (c) of Section 299 and clause (4) of Section 300 both
offence punishable under
Section 302 of the IPC. The sentence awarded was of two years
imprisonment. Again, the applicability of Section 299 read with
Section ... under
Section 302 / 149 of the IPC but also for an offence punishable
under Section 325 / 149 of the IPC and under Section
Section 300 would fall under second exception under Section 300 , IPC and thus came to the conclusion that only the offence punishable under Section ... contemplated under Section 300 , IPC, so that the offence would again slide back to the offence of culpable homicide defined under Section 299 , IPC only
