offence punishable under section
302 of the Indian Penal Code and has been sentenced to life
imprisonment as well as a fine ... offences
punishable under section 302 of the Indian Penal Code and
section 3(2)(v) of the Scheduled Castes and the Scheduled
Murder:-
23. Explaining the provisions of Section 299 and Clauses secondly and thirdly of Section 300 IPC ... offence so committed would fall under Section 304 Part I and not under section 302 IPC.
29. In Kapoor Singh
offence of murder punishable under Section 302 of the
Indian Penal Code, 1860 (hereinafter referred to as "the IPC ... 300
IPC is not defined in the Indian Penal Code . It takes two to make a fight.
Heat of passion requires
whereby all appellants have been convicted under
Section 302 r/w Section 149 of IPC and sentenced to undergo
Life ... Supp (2) SCC 470 converted
conviction from Section 302 to Section 304 Part II of IPC and
in the case
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
considered whether the case would fall under Section 302 or Exception 4 to
Section 300 IPC. It is held ... single
blow, whether a case falls under Section 302 or Section 304 Part I or Section 304
Part II, this Court reversed
appellant entitled to the benefit of Exception 4 to
Section 300 IPC? Was the culpable act done in the heat ... accused is entitled to the benefit of exception 4 to
Section 300 I.P.C.
Crl.Appeal
affirmative, the stage for considering the operation of Section 300, Penal Code, is reached. This is the stage at which the court should determine ... Section 161 Cr.P.C can be used at any trial are indicated in Section 162 Cr.P.C. Section 162
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
breach would ensue penal action
from the end of the State. While imposing the injunction, as the Indian
Penal Code envisages, law presumes ... case within the First Exception to Section 300 of the Indian
Penal Code.
84. The relevant observations, appearing in Boya Munigadu (supra),
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