Saran in which when blows have been struck, it has been discussed whether knowledge of the likely consequence of those blows can be attributed to the striker. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. Though in our opinion, on the facts as found, the accused cannot be convicted either of murder or culpable homicide, he can of course be punished both for his original assault on his wife and for his attempt to create false evidence by hanging her. From the direction and contents of the letter he learns to whom the note belongs. It would therefore seem that a company of persons, — as a Railway Company, or a Gas Company, may be punished under this Code for the acts or illegal omissions of their authorized agents,-— if a public nuisance is caused by such acts or omissions, and there is no special law which is applicable. And I hereby direct that you be tried by this Court on the said charge. For if it were so, the Exception more appropriately applicable would be Exception 1.
We simply give the connection effectively accessible on the web. Suppose a person to take indecent liberties with a modest female in the presence of her father, her brother, her husband, or her lover. Yet it will be difficult to say on what principle we can punish A for not spending an anna to save Z's life, and leave him unpunished for not spending a thousand rupees to save Z's life. There was no doubt whatever that the beating was premeditated and calculated. A has committed the offence defined in this Section. If the hurt results into death land fulfils the conditions of section 299 then it becomes culpable homicide, otherwise it grievous hurt.
Letters from A to a confidant are produced. Here A's statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence. It is not one for guesswork and fanciful conjecture. It is not easy to give any such interpretation of this gene- ral and vague expression as will assist the reader : but the rare cases which it governs, will probably present little difficulty in applying the law. Delivery of property as distinct from taking away property is of its essence.
Please do not remove it. The justifica- tion of the taking away of human life by private persons, ought to be confined strictly within those limits which are compatible with the instincts of nature, the security of society, and the due administration of public justice. A draws out a pistol. Act likely to cause harm, but done without criminal intent, and to prevent other harm:Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, it if be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable:The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine. The cause of death, according to the doctor, was shock and haemorrhage resulting from multiple injuries. The offence of assault is defined by Section 351.
B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. She has put forward her version of the affair on these separate occasions: first by a statement in the nature of the confession; secondly, before the committing Magistrate, and thirdly in the Court of the Sessions Judge. One shall be punished for imprisonment from one year to imprisonment upto 10 year and also liable for fine. The accused was entitled to be acquitted. Receiving property taken by war or depredation mentioned in Sections 125 and 126:Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in Sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received. The male offender alone is liable to punishment and the married woman is not liable even as an abettor. In kidnapping the intention of he offender is irrelevant.
And I hereby direct that you be tried by this Court on the said charge. Offences committed prior to the 1st of January, 1862, will not come under the Code, at whatever time the offender may be arrested or tried. Jammu and Kashmir: Mittal Publications. Here, as the offence consists simply of the a 5t, irrespective of the intention of the offender and as B may have a civil action for the assault, it is within the exception and nmy be compoimded. And I hereby direct that you be tried by this Court on the said charge.
We are therefore clearly of opinion that the oflFence which we have designated as culpable homicide in defence, ought to be distinguished from murder in such a manner that the Courts may have it in their power to inflict a slight or a merely nominal punishment on acts which, though not within the letter of the law which authorizes killing in self-defence, are yet within the reason of that law. Assaulting or obstructing public servant when suppressing riot, etc:Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both. It deals with offense related to religion, offences against property and it has an important section for offences for marriage, cruelty from husband or relatives, defamation and so on so forth. When the acts which are supposed to provoke, are acts of resistance which the law allows, it cannot also allow such resis- tance to be regarded as a provocation sufficient to mitigate or excuse the commission of homicide. This section has two essentials :- 2. The learned Sessions Judge found that the appellant was 21 or 22 years old and said — When the common object of the assembly seems to have been to cause grievous hurts only, I do not suppose Virsa Singh actually had the intention to cause the death of Khem Singh, but by a rash and silly act he gave a rather forceful blow, which ultimately caused his death. Concealment of birth by secret disposal of dead body:Whoever, by secretly burying or otherwise disposing of the death body of a child whether such child dies before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Dhillo Devi stated before the police that her son the accused had told her that he had killed Seema. That a man who deli- berately kills another in order to prevent that other from pull- ing his nose should be allowed to go absolutely unpunished would be most dangerous. That the provocation is not sought or vo- luntarily provoked by the ofltender as an excuse for killing or doing harm to any person. And I hereby direct that you be tried by this Court on the said charge. The offence of mutiny consists in extreme insubordination, as if a soldier resists by force, or if a number of soldiers rise against or oppose their military superiors, such acts proceeding from alleged or pretended grievances of a military nature.
Thus where the accused who was attacked by another with a kirpan succeeded in disarming his opponent by taking away his weapon and showered blows after blows including the serious once on the chest. Illustrations a A, under the influence of passion excited by a provocation given by Z, intentionally kills, Y, Z's child. Thus, the Indian Penal Code stands alike for government employees, as for a common man, and even for a judicial officer. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A's act, A is not guilty of the offence. Bearing these principles in mind, let us look at the facts of this case. And farther, if he commit an offence which, although it cannot be said to be committed in prosecuting the common object, is yet such an offence as was likely to be com- mitted, all are deemed to be participators in his guilt. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse:Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.