Indian Penal Code, 1860, Section 299(b), 300(3) -- Difference between clause (b) of S.299 and clause (3) of S.300 is one of the degree of probability of death resulting from the intended bodily injury - It is the degree of probability of death which determines whether a culpable homicide is of the gravest, medium or the lowest degree - Word `likely' in clause (b) of S.299..........
Indian Penal Code, 1860, Section 299(c), 300(4) -- Provision of S.299(c) and S.300(4) require knowledge of the probability of the act causing death - S.300(4) is applicable where the knowledge of the offender as to the probability of death of a person or persons in general as distinguished from a particular person or persons - being caused from his imminently dangerous..........
Indian Penal Code, 1860, Section 300 -- Murder - Even if the intention of accused was limited to the infliction of a bodily injury sufficient to cause death in the ordinary course of nature, and did not extend to the intention of causing death, the offence would be murder...........
Indian Penal Code, 1860, Section 300 -- Murder - Ingredients of clause 'Thirdly' are : Prosecution must establish, quite objectively, that a bodily injury is present; Secondly, the nature of the injury must be proved - These are purely objective investigations; Thirdly, it must be proved that there was an intention to inflict that particular bodily injury, that is to say..........
Indian Penal Code, 1860, Section 300 -- Murder - Culpable homicide is murder, if both the conditions are satisfied viz. (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; and (b) that the injury intended to be inflicted is sufficient in the ordinary course of nature to cause death - It..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Exception 4 of S.300 is applicable if death is caused (1) 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..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Applicability of Exception 4 - For applicability of Exception 4, it is not sufficient to show that there was a sudden quarrel and there was no premeditation - It must further be shown that the offender has not taken undue advantage or acted in cruel or unusual manner - Expression 'undue advantage' as used in the..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - 'Undue advantage' - If weapon used or the manner of attack by the assailant is out of all proportion, that circumstance must be taken into consideration to decide whether undue advantage has been taken...........
Indian Penal Code, 1860, Section 300, 304, Part II -- Murder - Sudden quarrel - Deceased died due to a fist blow given by accused on the left temporal region of head of the deceased aged 65 years - Deceased could not take the impact of blow given by young, physically fit man - Medical evidence does not point towards deceased having died of heart attack - Accused convicted..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Sudden quarrel - Help of Exception 4 can be invoked if 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..........
