said penal provision, that is, Section 377 of the
Indian Penal Code, in Suresh Kumar Koushal and another v. Naz
Foundation and others2 ... India and further to declare Section 377 of
the Indian Penal Code (for short, ― IPC ‖) to be unconstitutional. When
sentenced
to death for offence punishable under Section 302 Indian Penal Code.
Accordingly, the convicts to be hanged by neck till they ... such
convict;
(i) for the offence under Section 395 read with Section 397 IPC I award
the punishment
Digitally signed by
SUBHASH CHANDER
Date: 2018.03.09
the Indian Penal Code
D.2 Gian Kaur’s case – The question ... Reason:
unconstitutionality of Section 306 of
2
the Indian Penal Code
D.3 The approach in Aruna Shanbaug qua 30
Passive Euthanasia
which, in our
view, falls under exception (4) of Section 300 IPC.
20. To invoke this exception (4), the requirements that ... conviction of the appellants under
Section 302 read with Section 34 IPC is modified under Section 304 Part
offence
punishable under Section 376(2)(l) of the Indian Penal
Code ( IPC ) before the concerned Judicial Magistrate ... conduct of the police for not registering a case under
Section 377 IPC against the accused, the agony
undergone
Verified
Digitally signed by
under Section 302 of the Indian Penal Code ( IPC ) and sentencing
SATISH KUMAR YADAV
Date ... offence punishable
under Section 304 Part II, Indian Penal Code .”
14. As aforesaid, the High Court overturned this finding of the
Trial Court
accused would fall under “Exception 4” to
Section 300 IPC.
15. For bringing in operation of “Exception 4” to Section 300 IPC, it
has to be established that the act was committed without
premeditation, in a sudden fight in the heat
conviction under Section 304 Part-I of the
Indian Penal Code (for short ‘ IPC ’) recorded by the learned trial
Judge ... affirmative, the stage for
considering the operation of Section 300 , Penal Code, is reached. This
is the stage at which the court should determine
learned trial
Judge convicted Raj Kumar under section 302 read with Section 34 IPC
and also under Sections ... Part II, read with Section 34 of the Indian
Penal Code.”
17. The facts in the present case, as we understand, are similar
Judge for the offence punishable under Section 302 of Indian Penal
Code (for short ‘ IPC ’) for murder of one Jagannath ... Section 149 , Section 324 r/w Section 149 ,
Section 147 , Section 148 , and Section 149 IPC
