Law:

Section:

(a) Penal Code (XLV of 1860), Ss. 300, 302 & 304-Murder and culpable homicide-Application of Ss. 302, 304, Part I & 304, Part II-Section 302 attracted if offence not one of culpable homicide not amounting to murder-Case covered by S. 304, Part I if offence of murder reduced to culpable homicide by being covered by any exception to S. 300-Part II of S. 304 applies if fatal injury inflicted without any intention on part of accused to cause death or such injury likely to cause death and accused could be burdened with knowledge of injury being likely to cause death. In a murder case if the intention of the accused was to cause such bodily injury to the deceased as was likely to cause his death, or which was sufficient in the ordinary course of nature to cause death, the case obviously would be one of murder falling under section 302, P. P. C. being covered by the definition of murder as contained in section 300, Secondly and Thirdly of P. P. C. and the conviction could only be made under section 302, P. P. C. and not under section 304, which is attracted if the offence is one of culpable homicide not amounting to murder. A case is covered by Part I of section 304, P. P. C. if the offence which is otherwise murder is reduced to culpable homicide not amounting to murder by reason of being covered by any of the exceptions to section 300, P. P. C. Part 11 of section 304, P. P. C. applies if the fatal injury inflicted on the deceased is caused to him without any intention on the part of the accuses to cause death, or such bodily injury as is likely to cause death, but about which the accused can be burdened with the knowledge that it is likely to cause his death. (b) Penal Code (XL V of 1860), Ss. 99, 100 & 103--­Private defence, right of-Primarily subjected to restrictions contained in S. 99-Harm caused to offending party, out of all proportions to harm threatened or apprehended from such party­. Right of self-defence, in circumstance would stand negatived. The exercise of the right of self-defence of body or property is subject primarily to the restrictions contained in section 99 of the Penal Code. One basic restriction in this behalf is that no harm is…

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