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2012 AIR SCW 4211
::2012 CRI. L. J. 3765
Supreme Court Of India
(From : Allahabad)*
Hon'ble Judge(s):
Swatanter Kumar,
F. M. Ibrahim Kalifulla
, JJ
(A) Penal Code (45 of 1860) , S.299, S.300— Culpable homicide and murder - Distinction - Culpable homicide is genus and murder is species - Safest way to interpretation and application of these provisions is to keep in focus keywords used in various Clause in Sections. (Para 10 14) (B) Penal Code (45 of 1860) , S.300, S.304— Culpable homicide amounting to murder and culpable homicide not murder - Distinction. 'Culpable homicide' may or may not amount to 'murder', in terms of section 300 of the Code. When a 'culpable homicide is murder', the punitive consequences shall follow in terms of Section 302 of the Code while in other cases, that is, where an offence is 'culpable homicide not amounting to murder', punishment would be dealt with under Section 304 of the Code. Section 300 of the Code states what kind of acts, when done with the intention of causing death or bodily injury as the offender knows to be likely to cause death or causing bodily injury to any person, which is sufficient @page-CriLJ3766 in the ordinary course of nature to cause death or the person causing injury knows that it is so imminently dangerous that it must in all probability cause death, would amount to 'murder'.....
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