thus, the case would fall under exception 4 to Section 300 IPC. It would not be a case of culpable homicide ... course of nature to cause death. Exception 4 to Section 300 IPC is not attracted in the instant case as accused
tried by SFC even when the offence is punishable by Indian Penal Code . At the same time, what cannot be ignored is that ... relevant provisions of the Evidence Act and the Indian Penal Code .
15. It is for the reasons indicated above that in Union of India
conviction to Section 304, Part I of the Indian Penal Code . We think that, a sentence of imprisonment for a period of seven ... offence under Section 304 Part I read with Section 109 and Section 111 IPC. Further, the conviction
brining the act of the accused under
Exception 1 to section 300 I.P.C. In other words, learned
counsel for the appellant ... accused to bring his act under Exception 1 to section 300
I.P.C is the continuous nagging and harassment by the
deceased
appellant/accused could not be held
attracting the penal provision of murder under Section 302 IPC; that there was
provocation ... that act would at best fall under the
penal provision of section 304(i) IPC and not under Section
could this court extend the benefit of Exception 4 to section 300 I.P.C to the appellant? A careful reading of Exception ... section 300 I.P.C clearly shows that the act complained of must be shown to have been committed
"without pre-meditation
conviction for offence punishable under Section 302 of the
Indian Penal Code, 1860 (in short the ' IPC ... Naresh Mondal
for commission of offence punishable under Section 302 read
with Section 34 IPC. The trial court found
appellant for offence punishable under
Section 302 of the Indian Penal Code, 1860 (in short the ' IPC ... bringing in operation of Exception 4 to Section 300
IPC, it has to be established that the act was committed
without
under Section 302 and
Section 201 of the Indian Penal Code, 1860 (in short the ' IPC ').
Before ... mother were found guilty of
offences punishable under Section 302 read with Section 34
IPC and Section 201 IPC
opinion that the case comes under Exception I to
Section 300 IPC which states as under:
"Exception 1. When culpable ... that Exceptions I and 4
have been inserted in Section 300 IPC.
12. We may also refer to Exception
