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Homicide ((Difference between murder and culpable homicide (Degree of mens…

- - - - Murder
        
        S.302 Whoever commits murder shall be punished with death
      - S.304 culpable homicide not amounting to murder
        
        with imprisonment for a term which may extend to thirty years and shall liable to fine
        
        with imprisonment for a term which may extend to ten
        years or with fine or with both,
    - - Imminent - Murder
      - Likely - Culpable homicide
    - - Sharp weapon, Struck on the vital part of body
      - Blunt and hard weapon
    - - High degree Intention
      - Low degree of intention
      - Not just intention, but also the knowledge
- - - - Excusable Homicide
        
        Can be excused at law due the condition of the offender
        
        Death by accident
        
        Caused by child
        
        Unsound mind
        
        Toxication
        
        Not intended
      - Justifiable homicide
        
        They ordinarily involve the death of someone under circumstances of necessity or duty (commanded or authorized by law). And without criminal intent
        
        Act of killing the enemy by soldiers
        
        Private and property defences (the person did not go overboard in protecting their own life or property)
        
        When a judge or other magistrate acts in obedience to the law
    - - Culpable Homicide
        
        Culpable homicide not amounting to murder
        
        When a death is a "LIKELY" result of the act
        
        S.299 of Penal Code
        
        Culpable homicide mounting to murder (murder)
        
        When a death is a "IMMINENT" result of the act
        
        S.300 of Penal Code
        
        Culpable homicideby negligence
        
        Causing death by negligence
        
        S.304A of Penal Code
- - - - Accused had intention to cause such bodily injury which is sufficient in ordinary nature to cause death
    - - The deceased had died after being attacked, he suffer the asphyxia and heart failure due by the injuries. The accused appealed against hsi conviction from murder to culpable homicide not amounting to murder, and the court held that he has no knowledge of the deceased disease suffered after his action to the deceased
    - - The accused jump into the well with her baby in her arms because she is panicked when she heard the footstep from her husband that always act cruel towards her, and the baby died. The appellate court held that she has no intention to kill the baby as she was panicked at the time
    - - Mens rea is not just about intention, but knowledge too, the illustration (d) of s.300 pc has been used. "A, without any excuse, fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he has may not have had a premiditated design to kill any particular individual". But of A as a reasonable man acknowledge that his action can cause death to the people.