to charge under IPC 302 or 306

ravi j shulkla (Querist) 05 February 2010 This query is : Resolved
in one incidence quarrel started between couple due to some reason, husband pour carrosin over wife and also gave her a match box, wife set her self on fir with match stick of the match box given by her husband and she died due to burn injuries. in the circumstance weather charge be frame for offence under sec 302 or 306 of IPC?

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N RAMESH. (Expert) 06 February 2010
By pouring Kerosin and by giving match box, husband has done the act with the intention of causing death.

Both actus reus and mens rea are present. Hence the charge under sec.302 of IPC will be attracted.

Adinath@Avinash Patil (Expert) 06 February 2010
charge u/s 302 of i p c be framed.

Sarvesh Kumar Sharma Advocate (Expert) 06 February 2010
dying decleration is there,or not?
the case is very- very much depend upon circumstances.
and my view goes to 306 ipc.

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