CULPABLE
HOMICIDE
(section 299)
&
MURDER
(section 300)
By C & K UPDATES
CULPABLE HOMICIDE
Whoever causes death by doing an act with the intention of causing death, or
with the intention of causing such bodily injury as is likely to cause death, or
with the knowledge that he is likely by such act to cause death, commits the
offence of culpable homicide.
ILLUSTRATION
A lays sticks and turf over a pit, with the intention of thereby
causing death, or with the knowledge that death is likely to be
thereby caused. Z believing the ground to be firm, treads on it, falls
in and is killed. A has committed the offence of culpable homicide.
EXPLANATION
A person who causes bodily injury to another who is labouring under a
disorder, disease or bodily infirmity, and thereby accelerates the death of
that other, shall be deemed to have caused his death.
ILLUSTRATION
A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing
it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here
B may be guilty of no offence; but A has committed the offence of culpable homicide.
EXPLANATION
Where death is caused by bodily injury, the person who causes such bodily injury
shall be deemed to have caused the death, although by resorting to proper remedies
and skilful treatment the death might have been prevented.
COMMENTS
"Culpable homicide" is genus, and "murder" is the specie. All "murder" is
culpable homicide but not vice-versa;
Narasingh Challan v. State of Orissa, (1997) 2 Crimes 78 (Ori)
The assault for murder cannot be said to be sudden and without meditation as
the deceased was not armed;
State of Maharashtra v. Krishna Murti Lazmipatti Naidu, AIR 1981
MURDER
Except in the cases here in after Thirdly- If it is done with the intention of
excepted, culpable homicide is causing bodily injury to any person and
murder, if the act by which the death the bodily injury intended to be inflicted
is caused is done with the intention of is sufficient in the ordinary course of
causing death, or nature to cause death, or
Secondly- If it is done with the Fourthly- If the person committing the
intention of causing such bodily injury act knows that it is so imminently
as the offender knows to be likely to dangerous that it must, in all probability,
cause the death of the person to cause death or such bodily injury as is
whom the harm is caused, or likely to cause death, and commits such
act without any excuse for incurring the
risk of causing death or such injury as
aforesaid.
ILLUSTRATION
A shoots Z with the intention of killing him. Z dies in consequence. A
commits murder
A, knowing that Z is labouring under such a disease that a blow is likely to
cause his death, strikes him with the intention of causing bodily injury. Z
dies in consequence of the blow. A is guilty of murder, although the blow
might not have been sufficient in the ordinary course of nature to cause
the death of a person in a sound state of health. But if A, not knowing
that Z is labouring under any disease, gives him such a blow as would not
in the ordinary course of nature kill a person in a sound state of health,
here A, although he may intend to cause bodily injury, is not guilty of
murder, if he did not intend to cause death, or such bodily injury as in the
ordinary course of nature would cause death.
COMMENTS
In case where there was no intention to cause death, the act was done with
knowledge that same is likely to cause death, the guilt of offence comes under
part II of sec. 304;
S.D. Soni v. State of Gujarat, (1991)
In absence of intention to cause particular injury likely to cause death
conviction comes under part II of sec. 304;
Randhir Singh v. State of Punjab, AIR 1982 SC 55 (1981) Cr LR (SC) 543: (1981)
4 SCC 484.
(iii) When there was no evidence as to how death came about, evidence relating to
charge of murder was held to be insufficient and unacceptable;
Kedar Nath v. State of Madhya Pradesh, (1991) Cr LJ 989 (SC)
(iv) When in case of murder complaint filed after a month of incident and witnesses,
statement recorded after 9 months, conviction cannot be founded;
State of West Bengal v. Shew Mangal Singh, AIR 1981 SC 1917: (1981) Cr LJ 1683:
(1981) SCC (Cr) 782 : (1981) Cr LR (SC) 501 : (1981) 4 SCC 2
Circumstances that accused were in possession of buffaloes belonging to deceased
cannot lead to hold accused guilty of murder;
Joga Gola v. State of Gujarat, AIR 1982 SC 1227: (1982) SCC (Cr) 141.
Thank
You
