made out against them. The charge sheet
filed against them under Section 299 CrPC deserves to be
dismissed.
4. Alternatively, learned counsel for the petitioners ... absconded,
therefore, the police has filed charge sheet against them under
Section 299 CrPC. The accused-petitioners are habitual offenders.
The petitioners are free
lawful
or unlawful. Act of unlawful homicide are those falling
under Sections 299 , 300 , 302 and 304 of IPC, this
observation has been made ... Hospital,
Mysuru to provide treatment. Therefore, scope of
Sections 299 or 300 of IPC , 1860 relating to the whether
the homicidal death in aforesaid provision
APPEALS-828-2012-665-2012-J.doc
8 Section 299 of the IPC explains culpable homicide as
causing death by doing an act with ... 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
converted under Section 304 (Part-I) or (Part-II) of the Indian Penal Code . It would be relevant to refer Section 299 of the Indian ... keep in focus the keywords used in the various clauses of Sections 299 and 300 IPC. The following comparative table will be helpful in appreciating
regards the present applicant is
concerned, charge sheet is filed under Section 299
of Cr.P.C. It will not be out of place ... mention
here that Section 299 of Cr.P.C. does not enable an
Investigating officer to file a charge sheet
applicant.
The learned Senior counsel for the applicant, referring to Section
299 of the IPC, which defines 'Culpable Homicide' and inviting the
attention ... applicnt deserves to be discharged for charge
under Section 304 of IPC.
Section 299 which defines culpable homicide runs as under:
299. Culpable homicide.- Whoever
filed by
showing him as an "absconded accused" under section 299 of CrPC. It is
also appeared from the challan that the looted ... aforesaid documents show that Criminal Case
No.295/2009 was under sections 341 , 294 , 323 , 327 , 506-I and 323 / 34 of IPC
in which
punishable under Sections 302 , 341 , 323 , 294 ,
506 , 149 , 148 and 147 of the IPC, respondent No.2 moved an
application under Section ... over, whereas in the
prsent case charge sheet was filed under Section 299 of the Cr.P.C,
HIGH COURT OF MADHYA PRADESH,
BENCH
stabbed PW4 using a knife and that he is the aggressor.
17. Section 308 reads thus;
"308. Attempt to commit culpable homicide.--Whoever does ... exceptions mentioned in that Section or if the act is done with the
intention or knowledge referred to in Section 299 but not falling
under
convert the
sentence of appellant from the offence under section 302
to Part-II of section 304 of the ' IPC '. We have examined ... 1115/2014 CAV JUDGMENT DATED: 17/09/2021
provisions. Sections 299 and 300 of IPC read as under :-
"299. Culpable homicide.-- Whoever causes
death
