causing death has been made
out against the petitioner by invocation of Sections 35 and 36 of I.P.C.
Finally, it is contended that ... ingredients of the
offences under Sections 304 and 304A of I.P.C. is necessary:-
Section 299 of I.P.C. Section 304A
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
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
relevant paragraphs to be noted.
14. Section 300 of the Code proceeds with reference to Section
299 of the Code. ‘Culpable homicide ... used in various clauses of the said sections.
Minutely comparing each of the clauses of section 299 and 300
of the Code and the drawing
second part of Section 304 IPC, depending, respectively, on
whether the second or the third clause of Section 299 IPC is attracted.
However, even ... borne out by Illustration (b) appended to
Section 300 .
14. Clause (b) of Section 299 does not postulate any such knowledge on the
part
person.
34. The first clause of Section 300 , reproduces the first part
of Section 299 . Therefore, ordinarily if the case comes within clause ... knowledge whereby a
case would fall either under Section 300 IPC or under Section 299 IPC
and baldly concluded that once her guilt was made
clause (2) is borne out by
Illustration (b) appended to Section 300 .
Section 299 Section 300
A person commits Subject to certain
culpable homicide ... murder".
Illustration (c) appended to Section 300 clearly
brings out this point.
20. Clause (c) of Section 299 and clause (4) of
Section
clause (2) is borne out by
Illustration (b) appended to Section 300.
Section 299 Section 300
A person commits Subject to certain
culpable homicide ... murder".
Illustration (c) appended to Section 300 clearly brings out
this point.
20. Clause (c) of Section 299 and clause (4) of Section
borne out by illustration (b) appended to Section 300 .
17. 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.
24. Clause (c) of Section 299 and clause
(4) of Section 300 both
this Court.
04. The learned counsel for the petitioner, referring to
Section 299 of the IPC, which defines 'Culpable Homicide'
and inviting ... necessary ingredients to constitute 'Culpable Homicide',
as defined under Section 299 of IPC are not made out,
therefore, the petitioner deserves
