CRIMINAL LAW - CULPABLE HOMICIDE AND MURDER

This is from what I understand and studied...my reference would be from the textbook Criminal Law in Singapore and Malaysia. I am studying on my own so I guess I need some writing to make me understand better.

CULPABLE HOMICIDE AND MURDER

There are three types of homicide offences: -

~ murder (s. 300)

~ culpable homicide amounting to murder (s. 299)

~ culpable homicide not amounting to murder (s. 300)

Section 299 to 304 of the Penal Code dealt with culpable homicide and murder.

Section 299

Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

Ingredients of S.299

1.With the Intention to causing death.

2.With the intention of causing such bodily injury as is likely to cause death.

3.With the knowledge that the offence likely by such act to cause death.

Section 299 defined Culpable Homicide in simple way. Culpable homicide are of two kinds:

I. Culpable homicide amounting to murder.

II. Culpable homicide not amounting to murder.

Culpable homicide is the Genus, and murder is the Species. All murder are culpable homicide but not vice-versa, it has be held in Nara Singh Challan v/s Sate of Orrisa (1997). Section 299 cannot be taken to be definition of culpable homicide not amounting to murder. It is to be noted here that culpable homicide not amounting to murder is not defined separately in IPC, it is defined as part of Murder in the section 300 of IPC.

Section 300

Except in the cases hereinafter excepted, culpable homicide is murder: -

(a) if the act by which the death is caused is done with the intention of causing death; or

(b) if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; or

(c) if it is done with the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or

(d) if the person committing the act knows that it is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death, and commits such acts without any excuse for incurring the risk of causing death or such injury as aforesaid

These 4 circumstances above are the circumstances when culpable homicide turn into murder.

Illustration

A, knows that Z is suffering such a disease that a blow is likely to cause his death, strike him with the intention of causing bodily injuries. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health.

But if A, knowing that Z is laboring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.

A without any excuse fires loaded cannon into a crowd of person and kills one of them. A is guild of murder, although he may not have had a premeditated design to kill any particular individual.

In State of Rajashtan v/s Dhool Singh AIR 2004 SC 1264. SC held that – Culpable homicide becomes murder if the attacker cause an injury which he knows is likely to cause death and, of course, consequent to such injury the victim should die.