Offence of Murder – In view of sudden fight without any premeditation, the conviction of the appellant for an offence under Section 302 is not made out. The cause of death of the deceased is knife blow on the chest of the deceased-Soman. Such injury is with the knowledge that such injury is likely to cause death, but without any intention to cause death. Thus, the death of Soman is a culpable homicide not amounting to murder as the death has occurred in heat of passion upon a sudden quarrel falling within Exception 4 of Section 300 of IPC. Therefore, it is an offence punishable under Section 304 Part I, IPC.
306. Abetment of suicide. – If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to […]
The Superintendent and Remembrancer of Legal Affairs, West Bengal Vs. S.K. Roy, . It has been held in the said decision that : There are, however, two distinct parts involved in the […]
1.What are the mitigating factors? Discuss the factors responsible for variations in criminal liability. 2.“The intent and the act must both concur to constitute a crime”. Explain this statement with reference. 3. […]
GO IPC 76 – Act done by a person bound, or by mistake of fact believing himself bound, by law 77 – Act of Judge when acting judicially 78 – Act done […]
Indian Penal Code
Pratibha Rani v. Suraj Kumar and Anr [1985 AIR 628, 1985 SCR (3) 191], wherein the Apex Court observed that the Courts prima facie satisfaction must be based only on the allegations […]