Anup Shaw had been convicted under Section 304 Part II
read with Section 34 of the Indian Penal Code and sentenced to suffer
rigorous imprisonment ... established all
essential ingredients of Sections 304 (Part-2)/324 read with Section 34
of the Indian Penal Code beyond reasonable doubt. The Learned trial
Anup Shaw had been convicted under Section 304 Part II
read with Section 34 of the Indian Penal Code and sentenced to suffer
rigorous imprisonment ... established all
essential ingredients of Sections 304 (Part-2)/324 read with Section 34
of the Indian Penal Code beyond reasonable doubt. The Learned trial
Anup Shaw had been convicted under Section 304 Part II
read with Section 34 of the Indian Penal Code and sentenced to suffer
rigorous imprisonment ... established all
essential ingredients of Sections 304 (Part-2)/324 read with Section 34
of the Indian Penal Code beyond reasonable doubt. The Learned trial
Anup Shaw had been convicted under Section 304 Part II
read with Section 34 of the Indian Penal Code and sentenced to suffer
rigorous imprisonment ... established all
essential ingredients of Sections 304 (Part-2)/324 read with Section 34
of the Indian Penal Code beyond reasonable doubt. The Learned trial
Section 299 IPC defines "culpable homicide", Section 300 defines "murder" carving out five Exceptions and Section 304 provides ... punishable under section 304 Part II. There is fine difference between the two parts of Section 304 of the IPC. Under the first
petition under Section 482 Cr.P.C., to
quash the proceedings. The learned Single Judge had held as follows:-
“14. Section 279 IPC ... manner. Section 338 IPC speaks
about causing grievous hurt by act endangering life or
personal safety or others and Section 304-A IPC
settled principle that under Section 304-A of
Indian Penal Code, the negligence imputed to the accused must be
gross in nature. Though the term ... gross" has not been used in
section 304-A of Indian Penal Code, in Jacob Mathew v. State of
Punjab & Others
friend
Siddharth Gupta. The accused has been convicted u/S. 304 (II) IPC
and sentenced to 5 years imprisonment by the trial court ... appellant with the
commission of offence punishable under Section 304 Part-II Indian
Penal Code on the premise that the appellant was driving
accordance with law, for offences punishable under Sections 304 Part II and 338 of the Indian Penal Code (" IPC "). The learned ... record, the accused was charged under Section 304 Part(II) and 338 of the Indian Penal Code . However, the trial court, vide the impugned judgment
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 ... offence punishable under Section 302 IPC and
those punishable under Part I and II of Section 304 IPC has been
eloquently
