High Court ought to have
invoked Exception 4 to Section 300 IPC.
21. Exception 4 to Section 300 IPC ... order to invoke the applicability of Exception 4 to Section 300 IPC, the
following conditions are to be satisfied namely:
that
convicted under
Sections 302 , 324 and 323 of the Indian Penal Code, 1860 (for brevity
" IPC ") and sentenced ... 300
IPC is not defined in the Indian Penal Code . It takes
two to make a fight. Heat of passion requires
filing this Criminal Appeal under Section 374(2) of the Criminal Procedure Code, 1973 (for short the " Cr.P.C .) challenged the correctness ... offences punishable under Sections 302 and 324 of Indian Penal Code, 1860 (for short the " I.P.C .) and is sentenced
murder after considering exception 4 of Section 300 of the
Indian Panel Code.
5. Learned counsel appearing on behalf of the State ... awarded by the trial Court from under Section
302 to under Section 304 Part II IPC on the following reasons
High Court ought to have invoked
Exception 4 to Section 300 IPC.
21. Exception 4 to Section 300 IPC ... under:-
“For bringing in operation of Exception 4 to Section 300
IPC, it has to be established that
essential element for attracting Section 34 of
the Indian Penal Code and such intention could
be formed previously or on the spot during ... relevant in deciding whether Section
34 of the Indian Penal Code can be applied to
all those who might have made some over
whereby the Appellant was convicted
for offences punishable under Sections 302/324Indian Penal Code ( IPC ). He was
sentenced to undergo life ... single blow, the
offence would be under Section 304 and not under Section 302 IPC is not tenable
Sections 147 , 148 , 341 , 324 and 302 of
the Indian Penal Code, 1860 (for short ‘the IPC ’). After
investigation ... appellants) were guilty of the
offences under Section 302 read with Section 34 , IPC.
19. In the result, we find
committed an offence
punishable under Section 302 of the Indian Penal Code, 1860
(in short the ' IPC ... application and fourth exception
of Section 300 IPC applies.
8. The pivotal plea relates to the applicability of Exception
months for offence punishable
under Section 302 of the Indian Penal Code, 1860 ( IPC ); and also rigorous
imprisonment ... sudden provocation" which is an exception
under Section 300 IPC must not only be grave but sudden as well
