Section 300 in The Indian Penal Code, 1860
300. Murder.—
Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which
Section 300 in The Code of Criminal Procedure, 1973
300. Person once convicted or acquitted not to be tried for same offence.
(1) A person ... from the one made against him might have been made under sub-section (1) of Section 221, or for which he might have been convicted
fell within the definition of murder given in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall ... fall within any of the five exceptions to section 300, or that, if it did fall within Exception I, one or other of the three
Section 335 in The Indian Penal Code, 1860
335. Voluntarily causing grievous hurt on provocation.—
Whoever voluntarily causes grievous hurt on grave and sudden provocation ... with both. Explanation.— The last two sections are subject to the same provisos as Explanation 1, section 300
under :
“10. Section 304-A, by its own definition totally
excludes the ingredients of Section 299 or Section 300 , I.P.C.
Doing ... that act does not
amount to culpable homicide under Section 299 or murder under
Section 300. If a person willfully drives a motor vehicle into
contended that the appellant’s case
fell within Exception 4 to Section 300 of the I.P.C. which reads as under:
“Exception 4.— Culpable ... should
entitle the appellant to the benefit of Exception 4 to Section 300 of the
I.P.C.
10. Time now to refer
appreciating the points of distinction
between the two offences.
Section 299 Section 300
A person commits culpable homicide Subject to certain exceptions ... justice. The difference
between clause (b) of Section 299 and clause (3) of Section 300 is one of
the degree of probability of death resulting
helpful in appreciating the points distinction between the two
offences.
Section 299
Section 300
A person commits culpable
homicide if the act by which ... justice. The difference between Clause
(b) of Section 299 IPC and Clause (3) of Section 300 IPC is one
of the degree of probability
sudden fight and conflict and has to be dealt with under Section 300, I. P.C., Exception 4."
Chapter IV of the Indian Penal ... thereby committed the offence of murder within the meaning of Section 300 of the Indian Penal Code; the prosecution has to prove the ingredients
this degree
is punishable under the second part of Section 304 .”
13. Section 300 of the Code proceeds with reference to Section ... sections. The
Court provided the following comparative table to help in appreciating the
points of discussion between these two offences :
|“ Section 299 | Section 300