CULPABLE HOMICIDE (SECTION 299 OF IPC) HOMICIDE IS A TERM WHICH ORIGINATES FROM THE LATIN TERM ‘HOMO’ MEANS HUMAN AND ‘CAEDERE’ MEANS KILLING. AN ACT DONE WITH THE INTENTION OF CAUSING DEATH OR CAUSING SUCH BODILY INJURY WHICH IS LIKELY TO CAUSE DEATH OR HAVING THE KNOWLEDGE THAT HE CAN LIKELY BY HIS ACT CAUSE DEATH, HE’LL BE COMMITTING THE OFFENSE OF CULPABLE HOMICIDE.  INGREDIENTS OF CULPABLE HOMICIDE: THE FOLLOWING ARE THE ESSENTIAL INGREDIENTS OF CULPABLE HOMICIDE –

1. The intention of causing death.
2. The intention of causing such bodily injury as is likely to cause death.
3. With the knowledge that such an act is likely to cause death.
   Illustration:
   A not knowing that D has a tumor in his brain, hits him hard on the head with a
   cricket bat, with the intention of causing death or with the knowledge that
   death is likely to be caused. D dies because of the bursting of the tumor. 
   A is liable for culpable homicide not amounting to murder.

 Case Laws:
Ram Kumar v. State of Chhattisgarh
In this case, the appellant falls so madly in love with his sister-in-law that one
day before her marriage he called her in a field and hit her head with an axe.
The girl went running towards her house and then went to the police office to
file an FIR. After that she was taken to the hospital but she died on the way.
The court tried to dwell on the legal nature of the FIR as to whether the same
was admissible as evidence of dying declaration. 
The court relied on Dharam Pal v. State of U.P. observed that an FIR can be
considered as a dying declaration if the victim dies before appearing in front of
the court.
The appellant, in this case, was punished by the District Court under section
302 of the Indian Penal Code (punishment for murder) but the accused filed a
criminal appeal in the High Court against the judgment of the District Court,
herein the court, after looking at the post mortem report which showed that if
the girl would’ve reached the hospital early she could have been saved, he
altered the conviction of the appellant and sentenced him under section 304
part I Indian Penal Code(Culpable Homicide not amounting to Murder).

Bhagwan Singh v. State of Uttarakhand
In this case 5 people were hurt and 2 of them died because of celebratory
gunfire.
According to the evidence collected the accused held the gun towards the roof
of the house unfortunately the bullets got deflected and injured. The accused
pleaded not guilty as he had no intention to cause anyone’s death. The court
noticed that the accused was carrying a loaded gun in public and he did not
take proper care of his surroundings. He must’ve had an idea that the pellets
could deflect and hurt someone.
The court held him guilty. The offense amounted to culpable homicide under
Section 299 of IPC, punishable under Section 304 of the IPC.

 Murder (Section 300 of IPC):
Section 300 of IPC defines Murder as follows:

1. If the act by which the death is caused is done with the intention of
   causing death.
2. If it is done with the intention of causing such bodily injury as the
   offender knows likely to cause death of the person to whom the harm is
   caused
3. If it is done with the intention of causing such bodily injury to any person
   and the bodily injury intended to be inflicted is sufficient in the ordinary
   course of nature to cause death
4. If the person committing the act knows that it is so immediately
   dangerous that it must in all probability cause death or such bodily injury
   as is likely to cause death and commits such an act without an excuse for
   incurring the risk of causing death or such bodily harm
   Ingredients of Murder:
5. Act by which the death caused is done with the intention of causing
   death. 
6. With the intention of causing such bodily injury as the offender knows to
   be likely to cause death.
7. With the intention of causing bodily injury to any person – sufficient in
   the ordinary course of nature to cause death.
8. Person committing the act known that it is so imminently dangerous
   that it must, in all probability, cause death, or such bodily injury as is
   likely to cause death.
   Case Laws:
   Rawalpenta Venkalu v. State of Hyderabad:
   The accused set fire to the cottage in which B was sleeping, locking the door of
   the cottage from outside so that B’s servants who were sleeping outside could
   not save him. He also made deliberate efforts that the villagers are unable to
   render any help to B. B died. Here the accused is guilty of murder under
   Section 300.

Karu Marik v. State of Bihar
The accused gave a blow with a sharp cutting weapon (Churra) on the chest of
the victim. When the victim tried to escape, the accused caught hold of her
hair, and threw her on the ground and inflicted more blows on her abdomen
and back. Injuries inflicted were of grave and dangerous nature due to which,
the victim died. It was clear that the accused was aware that such bodily injury
is likely to cause death and therefore, he was held guilty of murder.

Culpable Homicide not amounting to Murder (Section 300 of IPC):
The following are the exceptions to murder:

1. Acts under grave and sudden provocation:
   When a person losses self-control in certain situation and causes the death of
   some other person. The provocation must be grave, it must be sudden, there
   should not be voluntarily provocation by the offender to be used as an excuse
   for killing or causing any harm to the person.
2. When private Defense is exceeded in good faith:
   When a person exercises private defense with respect to property or person, if
   person accidently exceeds his or her right in good faith or in wrong judgment
   and the act causes the death of a person, then the act is culpable homicide and
   not murder.
3. Exceeding the Ambit of discharging public duties:
   When an officer or public servant exceeds his or her duty or authority given to
   him or an officer or public servant assisting him exceeds the same, it is
   considered culpable homicide not amounting to murder.
4. When death is caused in sudden fight or heat of passion upon a sudden
   fight:
   The sudden fight is when the fight is unexpected or premeditated. Both the
   parties don’t have any intention to kill or cause the death of another.
5. When death is caused of a person above eighteen years of age who
   voluntarily took the risk of death:
   When death is caused in a situation where a person has by his own consent
   put himself to risk the same would-be culpable homicide and not murder.
   Difference Between

Aishwarya Says:

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