play of the
mitigative protection of Exception 1 and/or Exception 4 to
Section 300 IPC.
7. The learned Prosecutor, on the other ... deceased. Under clause firstly of
section 300 IPC the offence of murder defined under section
300 IPC is thus clearly established
accused is entitled to the mitigative protection of
exception 2 to Section 300 I.P.C.
46. We extract exception 2 to Section 300 ... appellant would
be entitled only to the mitigative protection of exception 2 to
Section 300 I.P.C. We readily agree that the 1st accused
death. Under clause thirdly of Section 300 I.P.C therefore
the offence of murder punishable under Sections 302 I.P.C and
the offence ... defined under Section 300 I.P.C, the offence must slide
Crl.Appeal No.2452 of 2007-B 28
back to Section 299
held to be entitled to the mitigative protection of exception 4
to Section 300 IPC. The impugned judgment hence warrants
interference, contends ... under section 300 IPC is clearly
Crl. Appeal No.1467 of 2007 : 19 :
made out under clause thirdly of section 300.
28. Undaunted
appellant entitled to the mitigative protection
of exception 4 to Section 300 I.P.C.?
These are the questions raised before us by Sri.Sunny ... firstly of Section
300), the offence proved against the appellant is clearly that of
"murder" as defined under Section 300 IPC
under Section 300 I.P.C is thus established. If
not under clause firstly of Section 300, definitely under clause
thirdly of Section 300 ... Section
300 I.P.C ( if not under clause firstly of Section 300 I.P.C), the
offence of murder defined under Section 300
appellant does not certainly fall within Clause
fourthly of Section 103 of the Indian Penal Code. Infliction of
such serious injury with ... convicted under Section 304 Part 1
IPC by the play of Exception-2 to Section 300 IPC
circumstances, under Clause Thirdly of Section 300 IPC
(if not under Clause Firstly of section 300 IPC), the offence
proved against ... Section 300 IPC and punishable under Section 302 IPC.
30. Undaunted, the learned counsel for appellant argues
that the appellant must
brought within the
sweep of any of the exceptions under section 300 IPC. Any
person who had inflicted the fatal injuries
section 300 IPC (if
not under clause firstly of section 300 IPC) the offence of
murder defined under section 300 IPC ... such
a claim for mitigation under any one of the Exceptions to
section 300 IPC.
29. The learned counsel for the appellant submits
