offence punishable under
Section 302 of the Indian Penal Code, 1860
(" IPC ") and sentenced to undergo life
imprisonment ... affirmative, the stage for considering
the operation of Section 300 of the
Penal Code, is reached. This is the
stage at which the court
offence punishable under Section302 of the Indian
Penal Code , 1860 (" IPC ", for short) and sentenced to
undergo ... appellants/accused
nos.1 and 3 under Section 302 read with
Section 34 IPC is liable to be set aside
accused and
whether it falls under Exception 4 of Section 300 , IPC.
(10 of 15)
[CRLA-315/2010]
In the case ... that under what
circumstances Exception 4 to Section 300 , IPC can be
invoked if death is caused, it has been explained
anger, the
occurrence took place. Therefore, as per Section 300 IPC, it is a
case of culpable homicide not amount ... accused and
whether it falls under Exception 4 of Section 300 , IPC.
In the case of Surinder Kumar (supra), this Court
person charged under
S. 301-A of the Indian Penal Code and a
statement made by him to a police officer
that ... confession of an offence
under S. 304-A of the Indian Penal Code,
and it would not be permissible to admit in
evidence each
appellant would fall under
explanation 4 of Section 300 of I.P.C. and would be culpable
homicide not amounting to murder and therefore ... derive benefit or advantage under the first
Exception to Section 300 IPC, then the onus
squarely rested on his shoulder, which
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
which, in our view, falls under exception (4) of Section 300
IPC.
5
20. To invoke this exception (4), the requirements ... that under what
circumstances exception (4) to Section 300 IPC can be invoked
if death is caused, it has been explained
sheet was filed. Charge
under Section 302 of the Indian Penal Code (hereinafter referred to as
' IPC ... case for an offence under section 302
Indian Penal Code was not warranted. In the established
facts and circumstances of the case
appellant would be benefited
by Exception 4 to Section 300 IPC which provides
"Exception 4 : Culpable homicide is not murder ... conviction
of the appellants under Section 302 read with Section
34 IPC is modified under Section 304 Part
