Which 1940 Allahabad High Court case treated a frightened woman's jump into a well with her baby as…
In Emperor v. Mt. Dhirajia (Allahabad, 1940) a woman fleeing her husband in panic jumped into a well with her baby; she knew death was likely, but her fright supplied an…
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Which 1940 Allahabad High Court case treated a frightened woman's jump into a well with her baby as culpable homicide not amounting to murder, examining the excuse qualification in IPC section 300 fourthly?
Answer and explanation
Correct answer B
In Emperor v. Mt. Dhirajia (Allahabad, 1940) a woman fleeing her husband in panic jumped into a well with her baby; she knew death was likely, but her fright supplied an excuse within IPC s.300 fourthly, so she was convicted of culpable homicide not amounting to murder. In Gyarsibai v. State a mother who jumped into a well with her children because of family quarrels had no such excuse and was held guilty of murder. BNS s.101(d) now contains the comparable wording.
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