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Supreme Court Of India

(From : 2000 (3) Shim LC 321)

Hon'ble Judge(s): Mukundakam Sharma, B. S. Chauhan , JJ

(A) Penal Code (45 of 1860) , S.300, S.304 Part II— Murder - Act done with knowledge that it is likely to cause death - Accused alleged to have caused death of her co-wife - Incident preceded by altercation between them - Deceased took out Khurki kept under her pillow to assault accused - In grappling accused received injuries - Accused snatched weapon from deceased and caused injuries to deceased - Accused thus had knowledge but not intention to cause death - Liable to be convicted u/S.304, Part II but not for murder. (Para 22 23) (B) Penal Code (45 of 1860) , S.299, S.300— Murder and culpable homicide not murder - Distinction - Explained. (Para 18) .....