Sagarpur Page 8 of 23
defined in this section."
21. Section 299 defines culpable homicide as under:
"Whoever causes death by doing ... homicide of the mother. Now, culpable
homicide has been defined by Sec. 299 , I.P.C. It
involves the doing of an act either with
cognizance of the offences under section
511 / 420 / 467 / 468 / 471 IPC and proceeded to record evidence under
section 299 CrPC. Eleven PWs were examined ... Court under
section 299 CrPC and the file was consigned to record room vide
order dated 10.12.1998, with liberty to revive the matter upon arrest
exception of Section 300 IPC and
neither it falls in any of the provisions u/S. 299 IPC, as argued by Ld.
Defence Counsels ... accused does not fall in Section 300 IPC and it only
falls u/S. 299 (c) IPC. Section 299 and 300 IPC are reproduced
State vs Ravi @ Rambo on 18 July, 2018
IN THE COURT OF SHRI KULDEEP NARAYAN
such injury is aforesaid.
20. Further, the relevant part of Section 299 IPC
which defines 'Culpable homicide', having reference in
the definition ... Justice Melvill
compared and distinguished the provisions of
Section 299 and 300 of IPC. Later on, the Hon'ble
Supreme Court in its landmark
defined u/s 300 IPC which provides
for a inclusive definition of murder, at the same time
distinguishing it with section 299 IPC where ... enumerated, in
such an eventuality, the offence again slips back to
Section 299 IPC. Simply stating in every offence of
murder, there shall a culpable
57328/16 Page 24/93
25. Further, the relevant part of Section 299 IPC
which defines "Culpable homicide", having reference
in the definition ... elucidation, the essential
ingredients of both the sections in a tabular form is
reproduced as under:-
Section 299 IPC Section 300 IPC
A person commits
accused
amounts to 'culpable homicide' as defined in Section 299 . If the
answer to this question is, prima facie, found in the affirmative ... second part of Section 304 , depending, respectively, on
whether the second or third clauses of section 299 is applicable.
If this question is found
defined u/s 300 IPC
which provides for a inclusive definition of murder, at the same
time distinguishing it with section 299 IPC where ... enumerated, in such an eventuality, the offence again slips
back to Section 299 IPC. Simply stating in every offence of
murder, there shall a culpable
been charged for
commission of offence punishable under Section 302 IPC.
The said Section is reproduced as under:
302.Punishment for Murder- Whoever commits murder ... such injury is
aforesaid.
13. Further, the relevant portion of Section 299 IPC which
defines "Culpable homicide", having reference in the
definition
