offence under Part I
of that section, if the case fall within 2nd part of Section 299 ,
while it would be an offence under Part ... Section 304 if
the case fall within 3rd part of Section 299 of the IPC. (3) To
put it in other words
accused would not fall under Section 300 IPC,
but it would fall under Section 299 IPC i.e., culpable homicide not
amounting to murder. Normally ... offence under Part I of that section, if the
case fall within 2nd part of Section 299 , while it would
be an offence under Part
pointed out the distinction between the above two sections,
that is, Section 299 and Section 300 of the Penal Code in the following manner ... second part of Section 304, depending, respectively, on
whether the second or the third Clause of Sec. 299 is applicable. If this question is
found
offence under Part I of that section, if
the case fall within 2nd part of
Section 299 , while it would be an
offence under Part ... Section 304 if
the case fall within 3rd part of Section
299 of the IPC. (3) To put it in other
words
pointed out the distinction between the above two sections, that is, Section 299 and
Section 300 of the Penal Code in the following manner :-
Page ... 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
offence under Part I of that section, if
the case fall within 2nd part of Section 299 , while it would
be an offence under Part ... offence, as against the
accused-appellant, from Section 300 IPC to that under Section
299 IPC (culpable homicide not amounting to murder), the
impugned conviction
Twelfth Edition, Volume 1 at Page 40).
66. The phraseology of Sections 299 and 300
respectively of the IPC leaves no manner of doubt that ... offence under
Section 302 or we should further alter it to Section 304 Part II of the IPC ?
69. Sections 299
offence under Part I of that section, if the case fall within 2nd part of Section 299, while it would be an offence under Part ... Section 304 if the case fall within 3rd part of Section 299 of the IPC.
(3) To put it in other words
offence under Part I of that section, if the case fall within 2nd part of Section 299 , while it would be an offence under Part ... Section 304 if the case fall within 3rd part of Section 299 of the I.P.C..
(3) To put it in other words
also for the resulting homicide
and a case may fall within Section 299 or Section 300
depending upon the mental state of the accused ... appears that death of deceased Shweta is culpable homicide
provided under Section 299 of I.P.C. Whereas the offence punishable
under Section 304 provides