Law: Penal Code (XLV of 1860)

Section: 304-A,302,304

(a) Criminal trial Charge under S. 302/34, Penal Code (XLV of 1860) Conviction under S. 304 A, P. P. C. Illegal¬--Criminal Procedure Code (V of 1898), S. 238. Under the Criminal Procedure Code, 1898, the legal require¬ment is, that both in the Sessions trials and the trial of warrant cases by the Magistrate, an accused person should be charged with the offence or offences for which be is to be tried and convicted. The offence under section 304 A, Penal Code not being cognate to the offence under section 302 of the same Code, the conviction of an accused under section 304 A would be illegal if the charge framed against him was one under section 302/34 of the Penal Code. (b) Penal Code (XLV of 1860), Ss. 302, 304 do 304 A¬Ofence under S. 302 or 304 distinct from one under S. 304 A¬Accused charged under S. 302 cannot be convicted for offence under S. 304 A Section 238 (1), Cr. P. C. not applicable. The offences of culpable homicide amounting to murder or not amounting to murder, as covered by sections 302 and 304, Penal Code, respectively, have for their main ingredients the intention to cause death or to cause such bodily injury as is likely to cause death or, in the case of an act covered by section 304 (II), the guilty knowledge that death would be the likely result of the act. Section 304 A is a distinct offence by itself making punishable the causing of death by any rash or negligent act. The quintessence of the offence is rashness or negligence, where neither intention nor knowledge is necessary. As such, there is nothing in common between the offence under section 302 or 304 and that under section 304 A as far as their respective ingredients go, beyond the result of causing death. Since the two offences involve different elements and different questions of facts, one offence cannot be said to be minor to the other and, therefore, subsection (1) of section 238, Criminal Procedure Code, 1898 does not apply so as to make conviction under section 304 A of a person charged under section 302 legal. Criminal Procedure Code (V of 1898), S. 238 (2)¬minor offence valid only when cognate to major offence. Subsection (2) of section 238 of the Criminal Procedure Code…

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