second place, the ingredients
of Sec. 304 of Indian Penal Code are to be
considered. Exception 1 to Sec. 300 of Indian
Penal Code runs ... difference between section 304 and 304-A of I.P.C. Section 299 of
I.P.C. defines culpable homicide. Section 300 defines offence
moment would be covered by exception 1 & 4 of Section 300
of the I.P.C. and hence the trial Court erred in convicting ... same being covered by
exception 1 of Section 300 of the I.P.C. It was also tried to canvass
that the same would also
appellant would be covered by exception No.4 of
Section 300 of I.P.C. Needles to add that the same would denote
that offence ... appellant cannot be
covered within the four clauses of Section 300 of I.P.C. and would
be covered by the provisions of Section
purposes of not availing the benefit of
Exception 4 of Section 300 IPC. After
the injuries were inflicted and the
injured had fallen ... needs to be converted. Keeping in view
the Exception 4 of Section 300, we find that
accused No.6 and accused no.19 must
punishable
under Section 304-A of the Indian Penal Code and not
under Section 304, Part II of the Indian Penal Code .
He relied ... Indian Penal Code . As already observed,
for use of Section 304 of the Indian Penal Code,
Sections 299 and 300 of the Indian Penal Code
purposes of not availing the benefit of Exception
4 of Section 300 IPC. After the injuries were inflicted and the
injured had fallen ... acted in a cruel or unusual manner.
Exception 4 under Section 300 of I.P.C. is attracted to the facts of the present
matter
term "Murder" given under Section 300 . Section 300 of the Indian
Penal Code reads as under:
"300. Murder. - Except in the cases ... case may not fall in clause
firstly of Section 300 of the Indian Penal Code. It would neither fall within
clause secondly of Section 300
been caused by such articles.
16. Section 299 of the Indian Penal Code reads as
under :-
"Section 299 :- Culpable homicide :- Whoever
causes death ... advantage
or acted in a cruel or unusual manner.
18. Under Section 300 of I.P.C. except in the cases
which have been excepted
under Section 302 of
IPC but it would fall under Section 304-II of IPC or at the most
Section ... deceased, he certainly exceeded the same.
Therefore, Exception (2) to Section 300 IPC, is attracted and
not the General Exception. Looking
would be covered
either by Exception 1 or Exception 4 of Section 300 of I.P.C. and as
such the offence occurred ... appellant and the deceased
for invoking the Exception-4 of Section 300 of I.P.C. After careful
scrutiny of evidence of PW-1 except
