Section 300 in The Indian Penal Code, 1860
300. Murder.—
Except in the cases hereinafter excepted, culpable homicide is murder
offences under Sections 121,
121A, 122, Section 120B read with Sections 302 & 307 read with Section 120-
B IPC, sub-Sections ... Governor acted in exercise of
powers conferred by sub-Section (1) of Section 196 Cr.P.C. read with the
Government of India, Ministry
This doctrine is applied in both Article 13 (1) and Article 13 (2) of the Indian Constitution. In R.M.D.C. v. Union ... adjudicate on the matters of section 302 , section 307 and section 392 read with section 34 of the Indian Penal Code, 1860. The contention
Section 482 of the Code of Criminal
Procedure, has quashed the proceedings against the accused for
the offences punishable under Section 394 of the IPC ... under
Section 482 of the Cr.P.C. has quashed the FIRs for the offences
under Sections 307 , 294 and 34 of the IPC
been found guilty under Section 5(1)(d) read with Section 5(2) of the Act and under Section 161 , ... appellant under Section 5(1)(d) read with Section 5(2) of the Act and under Section 161 , I.P.C. is in accordance with
1) SCC (CRI) 1, (2018) 4 CURCRIR 1, (2018) 105 ALLCRIC 258, (2018) 3 ALLCRIR 3234, (2018) 3 CRIMES 233, 2018 (10) SCC 1 ... said penal provision, that is, Section 377 of the
Indian Penal Code, in Suresh Kumar Koushal and another v. Naz
Foundation and others2 overturning
1 GUJ LH 405, (2012) 1 CRILR(RAJ) 126, (2012) 1 CURCRIR 147, (2012) 1 UC 579, (2012) 1 CRIMES 76, (2012) 1 ... Section 299 and Section 300 in detail. Suffice it
to say that the last clause of Section 299 and clause
`fourthly' of Section 300
Section 3(3) of the
TADA of 1987.
Last charge against Nalini (A-1) is under Section
4(1) TADA read with Section 34 IPC ... 1) Notwithstanding anything in the Code
or in the Indian Evidence Act, 1872 (1 of 1872), but subject
to the provisions of this section
Code of Criminal Procedure , 1973, section 354(3) -If
section 302 , Penal Code, is constitutional, whether the
sentencing procedure provided in section ... HEADNOTE:
Upholding the constitutionality of section 302 , Penal
Code, and section 354 (3) of the Code of Criminal Procedure
Code. the Court.
^
HELD: Per majority
section (1) of Section 4 of that Act provided
that where in any trial of an offence punishable under
Section 161 or Section ... accused is
under Section 161 or Section 165 or clause (a) or clause (b)
of sub-section (1) of Section 5 the Court must necessarily