Ilaqa Magistrate for 23rd April, 1984 for recording the evidence under Section 299 , Cr.P.C. On 23rd April, 1984, the Ilaqa Magistrate passed ... facts of the present case were not covered under Sub-section (2) of Section 299, Cr. P. C.
21. He submitted that the appellant
borne out by Illustration
(b) appended to Section 300 .
15. Clause (b) of Section 299 does not postulate any such knowledge
on the part ... second part of Section 304 , depending,
respectively, on whether the second or the third clause of Section 299 is
applicable. If this question is found
Section 3 quoted above provides that the conferment of powers under Section 3 would not affect the provisions of Sub-section (2) of Section 299 ... provisions contained in Sub-section (2) of Section 6 of Act No. XVII of 1947. Sub-section (3) of Section
those sections, just as an explanation to a Section does. The rule could not well be stated as an explanation to either Section 299 ... find nothing in the words of the Section which would justify the limited construction. Section 299 says: "whoever causes death by doing
prerequisite for the aforesaid Section by the Magistrate or the Court,
no further proceedings can be initiated under Section 299 ... 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
committed.
9. Section 304 of Indian Penal Code provides
for punishment for culpable homicide not amounting
to murder as provided under section 299 of Indian ... 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
submitted that Section 24 is not under challenge. Section 24 decides the forum of appeal whereas Section 299 decides the right of appeal. Both ... Judge under the Act appealable and if the provisions of Section 24 and Section 299 are to be read harmoniously, it has to be given
borne out by
Illustration (b) appended to Section 300 .
15. Clause (b) of Section 299 does not postulate any such knowledge on the
part ... Section 300 , instead of the words "likely to cause death"
occurring in the corresponding clause (b) of Section 299 , the words "sufficient
held as under:-
"As regards the first respondent, sub-Section (1) of Section 299
would apply as he, an accused person, was absconding ... used against the
first respondent except as provided in sub-Section (1) of Section
299 Cr.P.C. In the circumstances if the absconding accused
Section 300 of IPC, culpable homicide and murder and its distinction, it is held in this case that Clause (b) of Section 299 corresponds ... borne out by illustration (b) appended to Section 300 . Clause (b) of Section 299 does not postulate any such knowledge on the part
