Section
302, 323, 504 read with 34 of the Indian Penal Code ( IPC )
vide ... affirmative, the stage for considering the
operation of Section 300 of the Penal Code, is reached.
This is the stage at which the court
considered. Exception 1 to Sec. 300 of Indian
Penal Code runs as under -
Exception 1.- When culpable homicide is not
murder.-Culpable homicide ... Indian Penal Code .
Therefore accused can be held guilty for the
offence under sec. 304/A of Indian Penal Code
Code of Criminal Procedure (for short " Cr.P.C .") for offence
punishable under Section 302 of Indian Penal Code (for short ... accused squarely falls within the Exception 4 to
Section 300 IPC and the conviction of Appellants should therefore be
altered under
offences
punishable under Sections 302 of the Indian Penal Code, 1860
( IPC for short) and sentenced him life imprisonment with ... Section 304 , of the
Penal Code".
17 It is also relevant to note that Exception 4 to Section 300 of
the IPC
would get covered by Exception 1 to Section 300 of
Indian Penal Code. Exception 1 to Section 300 of Indian Penal ... within the First Exception to Section 300 of the
Indian Penal Code. (3) The mental background
created by the previous
under Section 235(2) of Code of Criminal
Procedure, 1973 (for short " Cr.P.C ."), for offence punishable under:-
(i) Section ... provocation is
taken under Exception 1 to Section 300 of the Indian Penal
Code. First, whether there was an intervening period
submission was built
on Exception 4 to Section 300 of the Indian Penal Code. The
Sneha Chavan 15/25
::: Uploaded ... case was covered by Exception 4 to Section 300 of
the Indian Penal Code. The Court observed as under:
"In the facts
offence punishable under Section 302
of the Indian Penal Code, 1860 (for short, 'the Code) and sentenced him to
undergo life imprisonment ... offence punishable under Section 304 Part-I of the Indian Penal
Code and is sentenced to suffer imprisonment for a period
that the case would fall under Section 304 part I and not
under Section 302 of IPC.
10] Further reliance ... CRAPL.odt
Section 302 was altered to conviction under section 304 Part I of IPC .
Similar decision was taken
offence punishable
under Section 302 of the Indian Penal Code, 1860 (for short, "the
IPC ") and sentenced ... Section 304 , of the Penal Code".
14. It is also relevant to note that Exception 4 to Section 300 of the
IPC
