offence
under Section 341 against both the accused and conviction imposed upon A1 for
the offence under Section 304 Part I ... grave provocation so as to invoke Exception 1 to Section 300 I.P.C.
In brief, the submission made by the learned Additional Public
300 of the Indian Penal Code which would attract the penal Section 304 (Part II) of the Code, especially when the first accused ... Exceptions to Section 300 of the Indian Penal Code.
30. In this connection, it is necessary to examine what is the true nature
laid down the following principles regarding the Exception 1 to Section 300 I.P.C. :
"1. The test of grave sudden provocation ... bring his act with the first Exception of Section 300 I.P.C.
3. The mental background created by the previous
offence come under the Exception (4) of the Section 300 IPC and prayed
for modification of the conviction and sentence from ... case was come under the exception (4) of Section 300 IPC.
9. Before considering the last submission that whether the
appellant
accused
will only fall under the fourth limb of Section 300 IPC and also under the
fourth exception to Section ... Some culpable
homicide are murders as per Section 300 of Indian Penal Code ( IPC ) and
some culpable homicides
offence under Section 341 against both the accused and conviction imposed upon A1 for the offence under Section 304 Part I ... grave provocation so as to invoke Exception 1 to Section 300 I.P.C. In brief, the submission made by the learned Additional Public
life has been
dealt with in Chapter XVI of the Indian Penal Code , 1860 (shortly, hereinafter,
I.P.C .) under the caption "Offences ... Exceptions to Section 300 of the Indian Penal Code.
40. These principles were reiterated in RAJENDRAN & ANOTHER Vs. STATE OF
TAMILNADU
accused
under Section 207 Cr.P.C. Thereafter, on completing the formalities under
Sections 208 and 209 Cr.P.C. the Judicial Magistrate ... occurrence could be
brought under any of the exceptions to Section 300 I.P.C. Exception 4 to
Section 300 IPC
between the application of
Section 302 of the Code on the one hand and Section 304 of the
Code on the other ... punishment is prescribed in Section 302 of the Code. Section
304 deals with cases not covered by Section 302 and it divides
under Section 326 r/w Section 34
of the Penal Code, 1860 and not under Section 302 of the Penal
Code ... case is brought within the five exceptions to
Section 300 , Penal Code, 1860. But even though none
of the said five exceptions is pleaded
