resulting homicide and a case may fall within Section 299 or
Section 300 depending upon the mental state of the accused ... affirmative, the stage for considering the operation of
Section 300 of the Penal Code, is reached. This is the stage
at which the court
case to fall under Exception 1 to Section
300 Indian Penal Code is that the provocation must not only be grave
but sudden ... Courts have given the benefit of Exception 1 to Section 300 , I.P.C. on
the ground that the provocation which is the root
committing an offence punishable
under Sections 302 / 323 / 34 Indian Penal Code, 1860(hereinafter referred to
as " IPC ... fight" occurring
in Exception 4 to Section 300 Indian Penal Code is not
defined in Indian Penal Code . It takes
offences punishable
under Sections 302 / 307 / 34 of the Indian Penal Code, 1860 (hereinafter
referred to as ' IPC ... while acquitting both the accused persons under
Section 302 / 307 read with Section 34 IPC had held that the prosecution
convicted
and sentenced alongwith other co-accused under Section 302 read with
Section 34 IPC. The argument for the accused ... criminal appeal arising
out of a conviction under Section 302 read with Section 34 IPC
observed as under
convicted
and sentenced alongwith other co-accused under Section 302 read with
Section 34 IPC. The argument for the accused ... criminal appeal arising
out of a conviction under Section 302 read with Section 34 IPC
observed as under
convicted
and sentenced alongwith other co-accused under Section 302 read with
Section 34 IPC. The argument for the accused ... criminal appeal arising
out of a conviction under Section 302 read with Section 34 IPC
observed as under
convicted
and sentenced alongwith other co-accused under Section 302 read with
Section 34 IPC. The argument for the accused ... criminal appeal arising
out of a conviction under Section 302 read with Section 34 IPC
observed as under
unusual
manner. That being so, Exception 4 to Section 300 Indian
Penal Code is clearly applicable...
Thus we may say that the offence ... within the
contemplation of exception 4 to Section 300 of the Indian
Penal Code, which takes the case out of the purview
benefit of
Exception 4 to Section 300 of the Indian Penal Code.
10. Time now to refer to a few decisions of this ... this Court has held
Exception 4 to Section 300 of the Indian Penal Code
