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MURDER & CULPABLE HOMICIDE - Coggle Diagram
MURDER
& CULPABLE HOMICIDE
LIMB SECTION 299 PENAL CODE :
CULPABLE HOMICIDE
intention of causing death, or
intention of causing such bodily injury as is likely to cause death, or
knowledge that he is likely by such act to cause death
FACTORS TO DETERMINE THE LIMB WHETHER IT IS MURDER OR CULPABLE HOMICIDE
Means used
Part of the body injured
Nature of blow
Nature of act
Number of injuries
Physical built of an accused
Gender of an accused and victim
Motive
State of mind of the accused
Pre-arranged plan
Duration between the act of the accused and occurrence of death
EXCEPTIONS TO MURDER
PROVOCATION
PRIVATE DEFENCE
EXCESS POWER BY PUBLIC SERVANT
SUDDEN FIGHT
CONSENT
CASES
TAN BUCK TEE V PP
Fact : He caused the death by inflicting 5 wounds to the heart and liver with a heavy sharp instrument like axe
Motive : had quarrel and want to revenge
Argument : wound not on the organs
Held : It is murder
INDER SINGH V CROWN
Fact : Two rival gang fight in public. One of the member had suffered broken leg. He used blunt weapon to the injured legs.Later, the victim died.
Argument : Does time period is important ?
Held : It is Culpable Homicide