COMPARTIVE STUDY ON MURDER AND CULPABILE HOMICIDE BY KODALI NEEHARIKA@LEXCLIQ

              COMPARTIVE STUDY ON MURDER AND CULPABILE HOMICIDE

INTRODUCTION : Section 299 of Indian Penal Code and section 300 of Indian Penal Code manages the ideas of Culpable homicide  that doesn‟t sum to Murder. Both mean, to hurt an individual yet there are sure things that causes Murder to vary from Culpable homicide . Thus, the issue ascends here in the way that both Homicide just as Guilty manslaughter are ideas that identify with hurting an individual yet the distinction will be settled based on ultimate result of a specific demonstration. Section  302 of Indian penal Code manages discipline for Homicide where the convict of a Homicide is rebuffed with death or detainment of life and will likewise be responsible to fine. Murder is a cognizable offense and it is non-bailable. Furthermore, Section 304 of Indian penal  Code says about discipline for Punishable crime not adding up to Murder. Where discipline for Chargeable crime is detainment forever or detainment for a time of 10 years and will likewise be at risk to fine. Chargeable crime is likewise a cognizable offense and it is a non-bailable offense too. Murder and culpable homicide can be separated with specific focuses. Likewise there are sure fixings to say that the demonstration of an individual or a suspect is said to establish a Homicide just as a Guilty crime that doesn’t add up to Murder. The normal fixings are “actus reus” and “mens rea” where the individual would have made damage an individual by certain demonstration. As above examined, the distinction lies in the information on result of the demonstration the individual in question does.

MURDER :  Murder consists of four main components which can also be known as essentials of murder, before going in-depth with essentials, here are the core concepts discussed: The Culpable homicide amounts to murder except in some cases, wherein the act which caused murder should be done with an intention to cause death or Such intention of causing death should cause a bodily injury to that person or If such intention of causing death causes a bodily injury and that bodily injury must have caused the death of that person or He must have the knowledge that the act he. has done is immediately dangerous in all probable sense to cause death or a bodily injury that is likely to cause death of a person. And it is a crime to commit an act, even after knowing that the act he does is a risk of causing death or such injury as discussed above

In a case, Milmadhub Sirchar Vs. R (1885), the deceased was kicked and beaten for several times by the offender even after the victim falling senseless. In this case, the court held that the murderer would have known that beating and kicking several times would surely result in the death of such person. Thus, he was accused of murder. In other case, Sheik Choollye Vs. R (1865), a person got his head fractured after a man who stuck his head with a stick while he was asleep. The court held that the offender should have known the likelihood to causing death to that person. And thus, he was convicted for murder.

CULPABLE HOMICIDE: Homicide means killing a human being either by lawful means or by unlawful means. Whereby the lawful homicide comes under the ambit of general exceptions in Indian Penal Code under Section 76- 106. And the next one is the unlawful homicide which comes under the category of offences against human body in which Section 299 of IPC specifically deals with Culpable homicide which does not International Journal of Pure and Applied Mathematics Special Issue 738 4 amount to Murder, then Section 300 of IPC talks about Murder and lastly Section 304A which deals with the concept of Death by negligence in which death would be caused by any rash or negligent act.

CULPABLE HOMICIDE AND MURDER: There are certain mechanism to differentiate the concepts of murder and culpable homicide. The difference is hidden with the terms of seriousness of the intention. In this regard the apex court has held that: Once when a crime has occurred and to find whether it is a murder or culpable homicide, there are certain points to be observed. Firstly one who investigates the crime should establish the act done is murder. Then he should find whether the crime fulfills the ingredients of Section 300 of IPC are satisfied. Next the work is to find whether that crime is Culpable homicide which not amounts to murder or some other like crimes which attracts the exceptions to murder that is, private defence. At last, after finding these things, the crime would fit into a certain hole as said in the Pigeon hole theory and thus the punishment for that crime would bound and the offender would be punished according to the crime done by him. The offence committed is a Culpable homicide when the injury done to a person or victim by the offender which is likely to cause death, it would cause murder when that injury sustained by the victim lead him to death in normal and ordinary course of action. The difference lies in the intensity of injuries  inflicted upon the victim. If the victim is found to be sustained with several injuries then the accused is convicted under Section 300 of IPC which is murder.

 

-KODALI NEEHARIKA

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