1. Rameshkumar Shankarlal Shah VS State of Gujarat - 29 Jan 16

Important Point – Moral culpability of recklessness is not located in a desire to cause harm.

(A) Indian Penal Code, 1860 – Section 304 – Culpable homicide not amounting to murder – FIR – Even if entire case of prosecution ... is accepted as true, none of ingredients to constitute offence of culpable homicide not amounting to murder under Section 304 of ... of Section 299 or culpable homicide amounting to murder under Section 300, IPC – Section 304A excludes all ingredients of Section ... not amounting to murder within the meaning of Section 299 or culpable homicide amounting to murder under Section 300, IPC. ... not amounting to murder or amounting to murder as the facts disclose. ... not amounting to murder.

India - Gujarat

2. Miniaka Masuri VS State of Orissa - 16 Sep 17

To decide whether a ‘homicide’ is culpable homicide amounting to murder’ or ‘not amounting to murder’, the first question that is ... of murder’ is ‘culpable homicide not amounting to murder’ - Detailed stated. ... , the same may amounts to ‘culpable homicide not amounting to murder’ and punishable under Section 304, Part-I or Part-II of the ... To decide whether a ‘homicide’ is culpable homicide amounting to murder’ or ‘not amounting ... ‘Culpable homicide’ sans ‘special characteristic of murder’ is ‘culpable homicide not amounting ... 300 of IPC, the same is a ‘culpable homicide not amounting to murder’ punishable under Section 304 of IPC.

India - Orissa

3. State of Karnataka VS Shivalingaiah Alias Handigidda - 01 Apr 87

300, 302, 323 and 325 – Offence of Murder ... amounting to murder punishable under S. 302 or culpable homicide not amounting to murder punishable under S. 304 Part II. ... murder or not amounting to murder punishable under S. 302 or S. 304 Part II. ... amounting to murder punishable under S. 302 Penal Code.

India - Supreme Court

4. RAMANBHAI SOMABHAI KHARADI VS STATE OF GUJARAT - 02 Sep 05

not amounting to murder - Punishment for culpable homicide not amounting to murder - Whoever commits culpable homicide not amounting ... to murder shall be punished with imprisonment for life or imprisonment of either description for a term which may extend to ten ... court was right in convicting appellant for offence of IPC - So far as Part-II is concerned it prescribes punishment for culpable homicide ... Punishment for culpable homicide not amounting to murder. ... 304 Part-II is concerned, it prescribes punishment for culpable homicide not amounting to murder ... - Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment

India - Gujarat

5. VIKKA VS STATE - 26 Mar 09

amounting to murder or culpable homicide not amounting to murder punishable under Part I — Held — The conviction and sentence recorded ... not amounting to murder punishable in part II of Sec. 304, I.P.C. — Also, it cannot be said to be an offence of culpable homicide ... — Consideration — The facts and the circumstances shows that the act of accuseds with common intention does constitute culpable homicide ... to murder or culpable homicide not amounting to murder punishable under Part I. ... not amounting to murder punishable in Part II of 304 I.P.C., and it cannot be said to be an offence of culpable homicide amounting ... Tara Devi) suspected that he (Vikka) might have his hand in the murder of her husband.

India - Uttarakhand

6. State of Rajasthan VS Bheeka - 04 Sep 96

– If this knowledge is not present the act will amount to culpable homicide not amounting to murder. ... (a) Penal Code, Sec. 299 and Sec. 300 – Distinction between the two offences – Culpable homicide not amounting to murder and culpable ... homicide amounting to murder – In both intention to cause bodily injury likely to cause death is common – Knowledge of the accused ... not amounting to murder and culpable homicide amounting to murder. ... to culpable homicide not amounting to murder the act of the accused respondents must be held to be cove- red by Section 304 Part ... Section 299 I.P.C. which defines culpable homicide not amounting to murder separately deals

India - Rajasthan

7. Sri Bhakteshwar Saikia VS State of Assam - 03 Dec 85

Where accused dealt with only one blow with a dao on his brother without any pre-meditation on receiving assaults from him and the blow proved to be fatal then the accused is not guilty under Section 302, I.P.C. but under Section 304 Part II only.

Never perhaps an agitated person carries a transistor, before committing a murder ... when the accused carried the transistor, while going to the house of P.W. 1, he did not carry in his mind any intention to commit murder

India - Crimes

8. Salapakshi Lokanatham, Spsr Nellore Distit VS State of A. P. - 08 Dec 22

that offence committed by accused would fall under category of culpable homicide not amounting to murder is convincing - Court is ... not amounting to murder –Held, Court is of considered view that finding given by learned Principal Sessions Judge, Nellore Division ... not amounting to murder and Court below rightly convicted and sentenced accused for said offence - Hence, Court see no merits, as ... not amounting to murder? ... not amounting to murder? ... not amounting to murder is convincing.

India - Andhra

9. Santosh s/o. Narayanrao Choudhary (Pawar) VS State of Maharashtra - 08 Oct 07

Thus it would be culpable homicide not amounting to murder. ... Penal Code, 1860 - Section 304-II-Conviction and sentence under-Culpable homicide not amounting to murder-Accused, a teenager, about ... not amounting to murder under Section 304-II of IPC. ... not amounting to murder. ... Thus it would be culpable homicide ... further held that the appellant in furtherance of common intention with Deva assaulted Ganesh with big stones and committed his murder

India - Bombay

10. KUNJU VS STATE OF KERALA - 01 Aug 18

Indian Penal Code- Section 300, Section 304-If it is not culpable homicide not amounting to murder, it would ... amounting to murder-No meritResult: Appeal dismissed. ... amounting to murder-No meritStatement of facts:The appeal is filed by the first accused ... amounting to murder. ... amounting to murder. ... Learned counsel for the appellant argued that a case of culpable homicide amounting to murder had not arisen in the case.

India - Kerala