Name – Satendra Kumar Maurya

Topic - Examine difference between culpable homicide amounting to

murder and murder with the help of case facts.
INTRODUCTION: -
Culpable homicide and murder are defined in section 299 and 300 of Indian
Penal code respectively. Both are criminal offence (a criminal offence is a crime
against sate or public wrong). Both culpable homicide and murder are related to
the killing of a person. Killing of a person can be lawful or unlawful, lawful
killing of a person if it is sanctioned by law and unlawful killing of a person if it
is not sanctioned by law like culpable homicide and murder etc. To punishing
any person for the charge of culpable homicide and murder, there must actus
reus as well as mens rea because actus non facit reum nisi mens sit rea
(meaning- the act does make a man guilty unless accompanied by a guilty
mind). The only different between culpable homicide and murder is in degree of
intention and knowledge, when the degree of intention and knowledge is less
then it falls under culpable homicide and when degree of intention and
knowledge is very high then it will be a case of murder. every murder is a part
of culpable homicide but every culpable homicide is not a part of murder.
Culpable homicide is a genus and murder its species. It means that to make a
person liable for murder first we have to prove him that he is guilty of culpable
homicide after that he may be declared as guilty of murder. Culpable homicide
and murder are two most confusing topic of Indian penal code, 1860. Below we
will discuss some major differences between culpable homicide amounting to
murder and murder.

CULPABLE HOMICIDE: -
Homicide causing death of a person by another person. Culpable homicide
defined in section 299 of Indian penal code, 1860. According to this section, if
any person causes death by doing an act with the intention of causing death, or
with intention to causing such bodily injury as is likely to causes death, or with
knowledge that he is likely by such act to cause death, commits the offence of
culpable homicide. In the culpable homicide there is a fact causing death so that
it must be of living person if death is related to unborn child then it will not be
applicable. Punishment under culpable homicide is given in section 304 of
Indian penal code, 1860.
Illustration- X who knows that Z is to be behind a bush. Y does not know it X
intending to cause or knowing it to be likely to cause Z’s death, induces Y to
fire at the bush. Y fires and kill Z. Here, Y may not liable for any offence but X
liable for culpable homicide.
The essential Ingredients- first there should be intention of causing death.
Second, there should be intention of causing such bodily injury as is likely to
cause death and third, With the knowledge that he is likely by such an act to
cause death.
Raj Paul Singh V. State1, if any act committed without premeditation in a
sudden fight in the heat of passion upon a sudden quarrel provided the offender
has not taken undue advantage then it will be a case of culpable homicide not
amounting to murder.
In the case of Pallani Goundan vs unknown, it was held that there will be no
culpable homicide if there is no intention or knowledge because intention and
knowledge is basic needs crime without it no one can commit crime.

MURDER: -
Murder is special type of culpable homicide. there is some ingredient 0f
murder-
First- intention is of such bodily injury as the offender knows to be likely to
cause the death of the person to whom the harm is caused.
Second- bodily injury is sufficient in the ordinary cause of nature to cause
death.
Third- knowledge that it is so imminently dangerous that it must in all
probability cause death.
Illustration- X intentionally gives Z a sword cut which is sufficient to cause the
death of a man in the ordinary course of nature and z died in result. Hence X is
guilty of murder.

Rawalpenta Venkalu v. state of Hyderabad2, in this case accused set fir in the
room in which decease was sleeping and lock the door of the room from
outside. Also he stopped the villager from going to the rescue of decease. It was
held that accused liable for murder because the intention of accused to kill was
clear.

1
(2012) 10 SCC 144
2
AIR 1956 SC 171
Narayana Swami v. state of Karnataka3, in this case accused thrown his three
minor children into the well and dead bodies of three children were also
recovered from the well. The accused was liable for offence of murder.
Patel Rasiklal Becharbhai v. state of Gujrat4, in this case there was a conflict
between two parties and they started fighting. Infliction of injury was on the
vital part of body with agricultural instrument by sudden quarrel. It was held
that accused did not cause injury intentionally.

DIFFERENCE BETWEEN CULPABLE HOMICIDE AND MURDER: -

Murder is come under culpable homicide. if the degree of intention/ knowledge
is less then it will come under culpable homicide and if the degree of intention/
knowledge is very high then it will be come under murder so that every culpable
homicide will be murder if death cause is done with intention of causing death.
Punishment of culpable homicide and murder is given under section 302 and
304 of Indian penal code respectively. If any person liable for culpable
homicide then he may be punishable for imprisonment of life or imprisonment
of ten year or fine and if any person will be liable for murder shall be punished
with death, imprisonment for life and shall also be liable to fine. So that we can
see that there is big difference between the punishment of culpable homicide
and murder.
Differences between culpable homicide and murder can be understood by the
case of Reg vs Govinda, it says that where intention of person to kill another
person, the offence will always murder. It is also says that the offence is
culpable homicide if bodily injury which is cause by the accuse is likely to
cause death and it is murder if bodily injury is sufficient to cause death.

3
2000 Cr LJ 262 (Kant)
4
AIR 1992 SC 1150