Introduction

Culpable homicide and murder are the gravest of offences against a human being. The term homicide has been derived from the  Latin word ‘homo’,  which means a  man,  and ‘caedere’ which means to cut or kill. Homicide means the killing of a human being by a human being. It may be a lawful or unlawful homicide.

The term ‘Murder’ is derived from the German word ‘mortna’ which means secret killing. The offence of ‘Murder’ is an aggravated form of culpable homicide. Sec. 300 of the Indian Penal Code (IPC) provides the meaning of the offence of ‘murder’ and when it is ‘culpable homicide not amounting to murder.

Murder (Sec. 300)

The term ‘Murder’ is derived from the Germanic word which means ‘secret killing.’ The offence of Murder is an aggravated form of culpable homicide. Sec. 300 of the Indian Penal Code clearly states the distinction between when the act committed will fall under culpable homicide and when the act committed will amount to murder.

• First, there is the intention to cause bodily harm;
• There is subjective knowledge that the death will be a likely consequence of the intended injury

This Section applies to cases where the victim was in such state of body or health which, the offender being very much aware of such state or health intentionally causes such bodily injury keeping in view the state of body and health of the particular victim is sufficient to cause death.

Illustration

A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him to cause bodily injury. Z dies in consequence of the blow. A is guilty of Murder.

In the case of Rajwant v. State, AIR 1966 SC 1874- The Apex Court held that the essence of the offence, under Sec. 300 Clause (2) there must be the intention of causing such bodily injury as the accused knows it to be likely to cause the death of the person to whom the injury is caused.

In another case of Govt. of Bombay v. Abdul Wahab, AIR 1946 Bom. 48– The Court observed that the line between culpable homicide not amounting to murder and grievous hurt is very thin. In one case the injuries must be such as are likely to cause death and in the other they endanger life. Thus hurt with endangers life is lesser in degree than injuries which are likely to cause death.

Essential elements of Sec. 300

1. The cause relating to the death culpable homicide is murder if the act by which the death is caused is done to cause death.

In the case of Subedar Tiwari v. State of Uttar Pradesh AIR 1989 SC- A woman was killed and the husband and his sister were persecuted. The facts are that one morning when the milkman came found the door opened and he saw the woman was burnt in the kitchen. According to the evidence the husband neither entered the kitchen nor tried to flame his wife. The deceased woman was lying in the same position though huge flames were seen. From the house, some letters were found that had been written to her father. Hence, it was held that it is a case of murder.

1. Causing with the intention, such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, then the accused will be guilty of murder.
2. When any act is likely to occur, it can be said that it is most probable but when the accused knows that the injury is probable then it is not culpable homicide, it shall be murder.
3. Causing such bodily injury- If it is done to inflict as is sufficient in the ordinary course of nature to cause death.

Culpable homicide (Section 299)

It is “An act done to cause death or cause such bodily injury which is likely to cause death or having the knowledge that he can likely by his act caused death, he’ll be committing the offence of culpable homicide.”

The culpable homicide committed by the offender is amounting to murder or not amounting to murder as it would have been if he had caused the death of the person whose death he had the intention to cause or whose death he had the knowledge to be likely to cause.

In simple terms it could be explained as a case where the death of the person intended to be caused is caused or unintentional death of any other person happens, both shall be considered an offence.

There is no distinction between a case where the death of a particular person has been caused with the knowledge of such consequences and the death of any unknown person is caused with the knowledge of the likelihood of death.

Difference between culpable homicide and murder

Conclusion

According to Sec. (s) 299 and 300 of the IPC, there is no specific mention that the intention to cause death or bodily injury or knowledge of the consequences of an act must be regarding a particular person. The provisions of these Sections are applicable in the case of a human being.