Indian Penal Code, 1860, Section 300 -- Culpable homicide is not murder if the offender, whilst deprived of the power of self control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident subject to : (1) That the provocation is not sought or voluntarily provoked by the..........
Indian Penal Code, 1860, Section 300 -Clause Thirdly - Culpable homicide - For applicability of S.300 thirdly prosecution must prove : (1) it must establish, quite objectively, that a bodily injury is present; (2) the nature of the injury must be proved; These are purely objective investigations; (3) it must be proved that there was an intention to inflict that particular..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - S.300 Exception 4 applies when death is caused (a) without premeditation, (b) in a sudden fight; (c) without the offender's having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed - To bring a case within Exception 4 all the ingredients mentioned in it..........
Indian Penal Code, 1860, Section 376(2)(g), 300, 201 -- Rape and murder - Wife of co-accused eye witness who revealed incident - High Court discarded her evidence without any discussion - Father of victim, complainant, not an eye witness - Fact that complainant did not indicate in complaint as to what eye witness told him not a ground to discard her evidence - Reasoning of..........
Indian Penal Code, 1860, Section 300 -- Offender taking undue advantage or acting in a cruel or unusual manner - Benefit of Exception 4 cannot be given to him...........
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Cheating - Cheque bouncing - Bar on second trial - Held, dishonour of a cheque for insufficiency of funds may, in a given case constitute offence u/s 420 IPC and S.138 of NI Act for both of which offender is liable to be prosecuted either in..........
Indian Penal Code, 1860, Section 302, 300 -- Exception 4 - Nature of offence - Murder - Accused persons, being deadly armed, came with the intention of teaching deceased a lesson and in furtherance of that, hit on head with a sword, and deceased succumbed to injuries - S.300 Exception 4 IPC applies in absence of premeditation - Conviction u/s.302 IPC held, proper...........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Provision of S.300 Exception 4 IPC is applicable when act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner...........
Indian Penal Code, 1860, Section 300, 342, 34 -- Seven accused wrongfully confined deceased in their house - Inserted a danda in his anus and caused his death - Testimony of both the eye witnesses found reliable and trustworthy - Even though they are relations of deceased, their evidence has to be accepted if found to be reliable and believable because he would be..........
Indian Penal Code, 1860, Section 299, 300 -- Culpable homicide and murder - Distinction - Held, that culpable homicide is genus and murder is species - All murders are culpable homicide but not vice versa - There are three types of culpable homicides - Culpable homicide of the first degree is murder as defined in S.300 IPC - Culpable homicide of the second degree is..........
