...may extend to two years, or with fine, or with both.” 11. After careful reading of both Section-304 Part-II and Section-304A, I am of the opinion that, the c...-appellant, has committed offence under Section-304A IPC, he has to be convicted and punished under the said provision instead of Section-304 Part-II of IPC. The conviction of the accused...imprisonment of 6(six) months for the offence committed under Section-338 of IPC and further imprisonment for a period of 3(three) years for committing offence under Section-304 Part-II of IPC wit...

...to be punished under Section 304A of the IPC. Culpable rashness in driving a vehicle which involves knowledge that it is likely to cause injury or death being an offence punishable under Section 304A of the IPC, it...under the third limb of Section 299 of the IPC would certainly therefore be higher than the degree of risk under Section 304A of the IPC, while both require knowledge of the probability of the act causing death. ...certainly of a higher degree which would bring the act within the scope of Section 304 Part II of the IPC. In Anil Baran Dey v. The State, ILR (1957) 2 Cal 269, the High Court of C...

...senior counsel for the appellant/accused that the trial court committed a gross mistake in finding the accused guilty of culpable homicide not amounting to murder and sentencing him under Section 304 Part ...establishing that the accused committed the offence of culpable homicide not amounting to murder punishable under Section 304 Part II IPC; or ii. whether the materials on re...the scope of Section 304 Part II and Section 304A IPC held that the question whether the knowledge of the accused who is causing death of others while driving a motor vehicle would fall w...

...senior counsel for the appellant/accused that the trial court committed a gross mistake in finding the accused guilty of culpable homicide not amounting to murder and sentencing him under Section 304 Part ...establishing that the accused committed the offence of culpable homicide not amounting to murder punishable under Section 304 Part II IPC; or ii. whether the materials on re...the scope of Section 304 Part II and Section 304A IPC held that the question whether the knowledge of the accused who is causing death of others while driving a motor vehicle would fall w...

...committing the case to the Court of Sessions concluded that there was material to invoke Section 304 Part II IPC. Trial Court took the view that there is sufficient material justifying framing of charge against the.... 9.1. Learned counsel submits that no offence is made out against the appellants under Section 304 Part II IPC or even under Section 304A IPC. The two deceased empl...said to be made out against the appellants for committing an offence under Section 304A IPC, not to speak of Section 304 Part II IPC. In any case, the Trial Court only considered culpability of th...

...the time of taking turn for the Kutcha Road, the case therefore fell under section 304A and not under section 304 Part II of the Indian Penal Code.8. In the second case a b...crossing the road, in spite of that the driver had not reduced the speed and hit the boy. In the said case Supreme Court converted the conviction of the accused under section 304A IPC from section 304 ...and a charge was framed against him under section 279/427/304/304A of the Indian Penal Code as aforesaid.”3. Heard the learned Counsel appearing on behalf of...

...sections 419 and 420 IPC apart from section 15(3) of the IMC Act. However, his conviction under section 304 Part II IPC was altered to one under section 304A IPC and the...guilty of the offence under section 304A and altered the conviction from section 304 Part II IPC but, set aside the conviction under sections 419 and ...the opinion that the suo motu revision initiated by this Court to restore the finding of guilt under section 304 Part II is without any merit. The suo motu revision petition is, therefore, liable to be dismissed....

...sections 419 and 420 IPC apart from section 15(3) of the IMC Act. However, his conviction under section 304 Part II IPC was altered to one under section 304A IPC and the...guilty of the offence under section 304A and altered the conviction from section 304 Part II IPC but, set aside the conviction under sections 419 and ...the opinion that the suo motu revision initiated by this Court to restore the finding of guilt under section 304 Part II is without any merit. The suo motu revision petition is, therefore, liable to be dismissed....

... (corresponding to Section 304A IPC) or culpable homicide under Section 304 Part II IPC, requiring knowledge and gross negligence, are absent as the ap...bad weather, without any dishonest intent, and therefore, Section 135 of the Electricity Act or Section 106(1) BNS is not attracted, the incident occurred within the applicant's own land, the deceased...was trespassing, and the applicant had no legal duty of care towards him the essential ingredients of Section 106(1) BNS 3...

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...result, the appeal is allowed in part. The conviction under Section 304 Part II is altered to one under Section 304A of the IPC and the term of custodial sentence is reduced from...Judge, Tikamgarh in S.T. No.19/95, whereby the appellant was convicted under Section 304 Part II of the IPC and sentenced to undergo R.I. for 5 years and to pay a fine of Rs.500/- and in ...investigation, the appellant was charge- sheeted for the offence under Section 304 of the IPC. 3. The appellant pleaded false implication due to animosity. In the cross...

...300 may cover the cases of rash or negligent act done with the knowledge of the likelihood of its dangerous consequences and may entail punishment under section 304 part ii ipc. section ...injuries as is likely to cause death of a person. To bring home the offence under Part II of Section 304 IPC, the prosecution has to prove the death of a person in question and death was caused by the act...attributed with the knowledge of the consequence and may be fastened with culpability of homicide not amounting to murder and punishable under Section 304 Part II IPC.'' 13. It ...

...Appellant under section 304 part-ii of ipc cannot be sustained for the act proved to have been committed by him and the act of the Appellant shall make him liable for punishment under Section ...I hold it accordingly. 18. In the result, the appeal is partly allowed. 19. The conviction and sentence awarded to the Appellant under section 304 part-ii of ipc are set...Additional Sessions Judge (FTC), Bastar at Jagdalpur in S.T. No. 208/2005, whereby, the said Court convicted the Appellant under section 304 part -ii of ipc and sentenced him to undergo R.I. for 5...

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...challenge in this appeal. The learned counsel for the appellants would urge that the finding of the trial court that the appellants herein committed offence under Section 304 Part II r/w 34 of I.P.C is wrong ...decided are : (i) Whether the prosecution established commission of offence under Section 304 part II r/w 34 of I.P.C by accused Nos.1 and 2/appellants? ...the appellants/accused that the offence found to be committed as one under Section 304 Part II of I.P.C, cannot be sustained in the facts and evidence adduced in this case and the offence should h...

...preferred by the State after obtaining leave under sections 377 and 378 of the code. The accused was convicted for an offence under Section 304A while he was acquitted for an offence under section 304 ...) and 393 of the Criminal Procedure Code, the judgment of this court is not final as he has been convicted under section 304 Part II of the Indian Penal Code for the...Court found him guilty of an offence under section 304 part-ii and punished him accordingly. But that would not per se give a right of statutory appeal to the accused and thus...

...for the petitioner urged that no prima- facie case is made out for an offence under Section 304(II) IPC and at the 1 most, the petit...or rashness is the cause of death and nothing more, Section 304A may be attracted but where the rash or negligent act is preceded with the knowledge that such act is likely to cause death, ...entail punishment under Section 304 Part II Indian Penal Code. Section 304A Indian Penal Code takes out of its ambit the cases of death of any person by doing any rash or n...

...shock and this aspect is not challenged. Mr. D.T. Soni, appearing on behalf of the appellant-accused has very strongly argued before me that this is not a case wherein the conviction Under Section 304, Part ...that the conviction under Section 304, Part II should be set aside. He further submits that even if on this evidence the accused appellant is convicted for offence punishable Under Section 304A, n...clearly covered Under Section 304A of the Indian Penal Code. In that view of the matter, the conviction and sentence awarded to the accused No. 1 -- the appellant for the offences punishable Under...

...punishment under Section 304 Part II IPC. Section 304A IPC takes out of its ambit the cases of death of any person by doing any rash or negligent act amounting to culpable homicide of either descr...provision of Section 304(ii) IPC and there is no sufficient material available to proceed against them for the above offence. In support of his contention, the learned counsel...likely to cause death. In the above circumstances, there are sufficient grounds available against the petitioners to the charge under Section 304(ii) IPC and there is no illegality or irregularity in the...

...J.S Guleria, learned Assistant Advocate General supported the impugned of conviction and sentence against the appellant under Section 304 Part-II I.P.CI have given my thoughtful considerati...under Section 304 Part-II of the Code and not under Section 304A of the Code as canvassed by the learned counsel for the appellant.In the insta...he was convicted and sentenced under section 304 Part-II of the Indian Penal Code and was ordered to undergo rigorous imprisonment for a period of seven years ...