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MODEL ANSWER

Q. "Culpable homicide is genus, murder is species". Explain

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Q. "All murders are culpable homicide, but all culpable homicide are not murder.

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Or
Q. "Culpable homicide may amount to murder, or may not amount to murder". Elaborate.
Ans. Culpable homicide is defined in section 299 and it may result into murder if it satisfies the criteria of section

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300, otherwise, it will remain in the category of section 299 which is culpable homicide not amounting to
murder.
A culpable homicide which falls in the category of Sec. 300 but goes in exceptions then again it is culpable
homicide not amounting to murder. The supreme court for deciding the question of Sec. 299 & Sec. 300 has
said that we should first satisfy Sec. 299 and then Sec. 300 & move from top to bottom and left to right i.e.
first we will see Sec. 299 (a) then Sec.299 (b) and then Sec. 299 (c) and from Sec.299 (a) to Sec. 300 (1),
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from Sec. 299 (b) to Sec. 300 (2) or Sec. 300 (3), from Sec. 299 (c) to Sec. 300 (4).
Deciding an issue of Murder involves five stage inquiry which includes :
1. Proof of death (death of a human being)
2. Causal connection between act of the accused and death
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3. Intention or knowledge in Sec. 299
4. Satisfaction of requirements of Sec. 300
5. Whether a case falls in five exceptions given in Sec. 300
Which culpable homicide will result into murder, will be decided as per the requirements provided in four
clauses of section 300.
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If anyone causes death with intention of causing death, then the case falls in Sec. 299 (a) which automatically
goes to Sec. 300(1). If death is caused where there is intention to cause such body injury as is likely to cause
death then it is there in Sec. 299(b) but if such injury is of such a nature that the offender knows to be likely to
cause the death of the person, then this aggravating factor of particular knowledge of particular ailment of
particular person, make it a graver crime which falls in Sec. 300(2). If bodily injury is intended and it is
sufficient to cause death in the ordinary course of nature, then in that case it will again become a case of murder
and here aggravating factor is sufficiency of injury inflicted on the body.
Illustration (c) of section 300 explains 300 (3) more clearly which provides that "A intentionally gives Z a
sword-cut or club wound sufficient to cause death of a man in the ordinary course of nature. Z dies in
consequence. Here, A is guilty of murder, although he may not have intended to cause Z's death."

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In Laxman vs. State of Maharashtra, AIR 1974 SC 1803 and Virsa Singh vs. State of Punjab, AIR 1958
SC 465, the Supreme Court said that once the intention of causing bodily injury is established which is subjective,
the sufficiency of injury is purely an objective requirement, which has nothing to do with intention of accused.
Following factors are important to decide the sufficiency of injury - (a) The body part (vital parts or non vital
parts) (b) Which kind of weapon used (c) With what intensity weapon was used (d) Number of injuries (e)
Nature of injuries (f) Age of the victim (g) Health of the victim & many other factors.

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If anyone causes death with the knowledge that by such act he is likely to cause death, then the case falls in
299(c), but if the act is so imminently dangerous that in all probability it must cause death without any excuse,
than it will result into murder 300(4). Aggravating factor is imminent danger, all probability and without any
excuse.

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In Mohd. Rafiq @ Kallu vs. State Of Madhya Pradesh, (2021) 10 SCC 706, the question arose before the
Supreme Court that, whether a homicide is murder punishable under Section 302 IPC, or culpable homicide,
punishable under Section 304 IPC? The Court observed that, the use of the term "likely" in several places in
respect of culpable homicide highlights the element of uncertainty that the act of the accused may or may not
have killed the person. Section 300 IPC which defines murder, however refrains from the use of the term
likely, which reveals absence of ambiguity left on behalf of the accused. The accused is sure that his act will
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definitely cause death. It is often difficult to distinguish between culpable homicide and murder as both involve
death. Yet, there is a subtle distinction of intention and knowledge involved in both the crimes. This difference
lies in the degree of the act. There is a very wide variance of degree of intention and knowledge among both
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the crimes.
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