Tag: MURDER

Mani Vs. State of Kerala and Others-1/4/2019

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SUPREME COURT OF INDIA JUDGMENTS

Offence of Murder – In view of sudden fight without any premeditation, the conviction of the appellant for an offence under Section 302 is not made out. The cause of death of the deceased is knife blow on the chest of the deceased-Soman. Such injury is with the knowledge that such injury is likely to cause death, but without any intention to cause death. Thus, the death of Soman is a culpable homicide not amounting to murder as the death has occurred in heat of passion upon a sudden quarrel falling within Exception 4 of Section 300 of IPC. Therefore, it is an offence punishable under Section 304 Part I, IPC.

In the scheme of the IPC culpable homicide is genus and `murder’ its species.

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All `murder’ is `culpable homicide’ but not vice-versa. Speaking generally, `culpable homicide’ sans ‘special characteristics of murder is culpable homicide not amounting to murder’. For the purpose of fixing punishment, proportionate to the gravity of the generic offence, the IPC practically recognizes three degrees of culpable homicide. The first is, what may be called, `culpable homicide of the first degree’. This is the gravest form of culpable homicide, which is defined in Section 300 as `murder’.

Tularam Vs. State of Madhya Pradesh-2/5/2018

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MURDER-DISTINCTION BETWEEN MURDER AND CULPABLE HOMICIDE EXPLAINED-Section 300 of the IPC explains what is murder and it provides that culpable homicide is murder if the act by which the death is caused is done with the intention of causing death or the act complained of is so imminently dangerous that it must in all probability cause death or “such bodily injury as is likely to cause death.