mentioned above.
Clause (b) of Section 299 IPC corresponds with Clauses
(2) and (3) of Section 300 IPC. The distinguishing feature ... justice. The difference between Clause
(b) of Section 299 IPC and Clause (3) of Section 300 IPC
Sanjeev Alias Sonu & Birender @ Boya vs State Of Nct Of Delhi on 24 May
limbs
of Section 299 of the Indian Penal Code. The first limb of Section 299 of the
Indian Penal Code speaks of the intention ... fall either
under Section 304 of I.P.C. or under Section 326 I.P.C. and not under Section
302 of
sentence falling under Section 304 Part II IPC by
giving him the benefit of Exception 4 of Section 300
IPC ... murder as specified in Exception 4 to
Section 300 and hence punishable under Section 304
part II IPC
18. In the result
Part II of Section 304 of I.P.C.
Lastly, he has argued that the conviction of accused under Section 302 of ... accused, was punishable under Part I of Section 304 of I.P.C. Exception 4 of Section 300 of I.P.C. reads as follows
occurring in Exception 4 to
Section 300 Indian Penal Code is not defined in Indian
Penal Code . It takes two to make a fight. Heat ... rule of universal
application that whenever one blow is given,
Section 302 Indian Penal Code is ruled out. It would
depend upon the weapon used
fall either
under Section 304 of I.P.C. or under Section 326 , I.P.C. and not
under Section 302 of ... purpose would be Clause 4
to Section 300 and Exception 4 to Section 300 IPC. As per Clause 4
to Section 300 IPC
amounting to murder after considering exception 4 of Section 300 of the
Indian Panel Code.
5. Learned counsel appearing on behalf of the State ... specified in Exception 4 to Section 300 and hence, appellants
are punishable under Section 304-part II IPC .
28. In the result
appellant Vishnu from the dragnet of Section 300 , I.P.C; the breach of which is punishable ... under section 302 , I.P.C. In our view, the act of this appellant would be squarely covered by clause thirdly of Section 300 ,
punished under Section 304 of the Indian Penal Code.
41. Now, turning to Section 304 of the Code, it contains two parts. The
first part ... fourth limb of Section
300 of the Code and if any one of the special exceptions to Section 300 of the
Code is attracted
