In murder, without intention to kill,the courts have power to let go with fine only.. Few know this
This point is new to me also.
Today a Senior Advocate pointed out this to me. He said so many advocates and judges are not aware about this point.
He was on IPC Sec.304 part II.
Sometimes, quarrels take place. Even if there is no intention for anyone to murder any one, someone gets killed.
For example, in private defence, a little more power is used and someone gets killed.
The provision empowers court to punish with 1) Jail up to 10 years 2) OR Fine 3) or with both.
Thus, in deserving cases, the court can let go accused with payment of fine only.
This law is on book, but I think, courts use this power rarely.
Haresh Raichura
8/7/13
