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
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
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
within the first Exception to Section 300 of the Indian Penal Code. (3) The mental background created by the previous ... bring the evidence under Section 304 Part I. In short the counsel aimed at Exception I of Section 300 IPC
Schedule Tribe, -
…….
(v) commits any offence under the Indian Penal Code
punishable with imprisonment for a term of ten years or more
against ... enhanced punishment with regard to the offences under the
Indian Penal Code punishable with imprisonment for a term of
ten years or more against
case of the appellant falls within Exception 4 to
Section 300 IPC, the High Court has found that two
ingredients ... cause her
death. By referring to Exception 4 to Section 300 IPC,
learned counsel has submitted that all the four
ingredients
therefore, the case would fall under clause fourthly to Section
300 IPC. It is submitted that, therefore, when the case falls ... under Clause fourthly to Section 300 IPC, the act of the accused
would be culpable homicide amounting to murder. Learned
Advocate
hence, the case falls within Exception 4 to
Section 300 IPC.
9. Refuting the contention, the learned counsel for the
respondent ... order to bring the case within Exception 4 to Section
300 IPC, the following conditions enumerated therein must be
satisfied
Supp (2) SCC 470 converted conviction
from Section 302 to Section 304 Part II of IPC and in the case ... converted the sentence from Section 302 to Section 304 Part I
of IPC with the aid of exceptions
case will not fall within the purview of
section 300 , Indian Penal Code but it will fall
under section 304 Part ... Indian Penal Code, is set aside and instead they
are convicted under section 304 part II, Indian
Penal Code
