n being by another hum an being. . Early English common law divided homicide into two Broad categories 1 .Felonious 2. Non Felonious Historically,the deliberate and premeditated killing o f a person by another person was a felonious homicid e and wa classified as Murder.Non felonious homicide included justifiable homicide and excusable homicide . Although justifiable homicide was considered a crime.
The offender often received a pardon. Excusable homi
cide was not considered a crime. . All homicides require the killing of a living person. In most states, the killing of a viable fetus is generally not considered a homicide unless the fetus is first born alive. In some states, however, this distinction is dis regarded and the killing of an unborn viable fetus is classified as homicide. in other states, statutes separately classify th e killing of a fetus as the crime of feticide. Homicides can be divided into many overlapping types, including: Murder, Manslaughter, Justifiable homicide, Killing in war, Euthanasia, Execution, Homicide in English law
For a crime to be considered homicide, it
must take place after the victim's legally recognised birth, and before their legal death. . Homicide Lawful Unlawful
classified as "manslaughter" Voluntary manslaughter
There are three types of voluntary
manslaughter: That resulting from loss of self-control; That resulting from statutorily defined diminished responsibility; and Killing in perseverance of a suicide pact. Involuntary manslaughter
Involuntary manslaughter involves the
causing of the death of another person without intent to kill or intention to commit grievous bodily harm. Culpable homicide Homicide can be lawful or unlawful. Lawful homicide includes situations where a person who has caused the death of another cannot be blamed for his death. Culpable means blame worthy. Thus,Culpable Homicide means killing of a human being by another human being in a blameworthy or criminal manner. Three degrees of Culpable Homicide . The first is, what may be called, 'Culpable Homicide of the first degree'. This is the greatest form of Culpable Homicide, which is defined in Section 300 as 'Murder'.
The second may be termed as 'Culpable Homicide of the
second degree'. This is punishable under the first part of Section 304.
Then, there is 'Culpable Homicide of the third degree'. This is
the lowest type of Culpable Homicide and the punishment provided for it is also the lowest among the punishments provided for the three grades. Culpable Homicide of this degree is punishable under the second part of Section 304. Section 299 of IPC defines Culpable Homicide as follows - Section 299 - Who ever 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 Explanation 1 - A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2 - Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skillful treatment the death might have been prevented. Explanation 3 - The causing of the death of child in the mother's womb is not homicide. But it may amount to Culpable Homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. Illustrations (a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it,falls in and is killed. A has committed the offence of culpable homicide. (b) A knows Z to be behind a bush. B does not know it. A,intending to cause, or knowing it to be likely to cause Z's death,induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. (c) A, by shooting at a fowl with intent to kill and steal it,kills B, who is behind a bush; A not knowing that he was there. Here,although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B or to cause death by doing an act that he knew was likely to cause death. Following are the essential elements of Culpable Homicide 1. Death of a human being is caused - It is required that the death of a human being is caused.However, it does not include the death of an unborn child unless any part of that child is brought forth. 2. By doing an act - Death may be caused by any act for example, by poisoning or by hurting with a weapon. Here act includes even on omission of an act for which one is obligated by law to do. 3. Intention or Knowledge - There must be an intention of any of the following 1. Intention of causing death - The doer of the act must have intended to cause death. It is important to note that intention of causing death does not necessarily mean intention of causing death of the person who actually died. If a person does an act with an intention of killing B but A is killed instead, he is still considered to have the intention. 2. Intention of causing such bodily injury as is likely to cause death - The intention ofthe offender may not have been to cause death but only an injury that is likely to cause the death of the injured Or the act must have been done with the knowledge that such an act may cause death When a person does an act which he knows that it has a high probability to cause death, he is responsible for the death which is caused as a result of the act. In Jamaluddin's case 1892, the accused, while exorcising a spirit from the body of a girl beat her so much that she died. They were held guilty of Culpable Homicide Reg. v. Govinda In Reg. v. Govinda the accused who was a boy of 18 years was married to a girl of 15. The boy appeared to have been habitually ill- treating the girl. On the fateful day the accused knocked his wife down, put one knee on her chest, and struck her two or three violent blows on the face with closed fist, producing extravasations of blood on the brain, and she had died in consequence either on the spot, or very shortly afterwards The accused was held guilty of the offence of murder by the Sessions Judge. The case came up before a Bench of two Judges of the Bombay High Court for confirmation of the death sentence. As there was a difference of opinion between the Judges constituting the Bench as to whether the facts constituted an offence of murder or an offence of culpable homicide not amounting to murder, the case was for opinion to a third Judge, Melvill, J. His lordship compared the provisions of Sections 299 and 300, I.P.C., viz., cul- pable homicide and murder thus: JUDGMENT Melvill, J. 1. I understand that these proceedings have been referred to me under Section 271-B of the Code of Criminal Procedure, in order that I may decide whether the offence committed by the prisoner was murder, or culpable homicide not amounting to murder. 2. For convenience of comparison, the provisions of Sections 299 and 300 of the Indian Penal Code may be stated thus: 3. I have underlined the words which appear to me to mark the differences between the two offences. 4. (a) and (1) show that where there is an intention to kill, the offence is always murder. 5. (c) and (4) appear to me intended to apply (I do not say that they are necessarily limited) to cases in which there is no intention to cause death or bodily injury. Furious driving, firing at a mark near a public road, would be cases of this description. Whether the offence is culpable homicide or murder, depends upon the degree of risk to human life. If death is a likely result, it is culpable homicide; if it is the most probable result, it is murder. 6. The essence of (2) appears to me to be found in the words which I have underlined. The offence is murder, if the offender knows that the particular person injured is likely, either from peculiarity of constitution, or immature age, or other special circumstance, to be killed by an injury which would not ordinarily cause death. The illustration given in the section is the following: A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with intention of causing bodily injury. 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. 7. There remain to be considered (b) and (3), and it is on a comparison of these two clauses that the decision of doubtful cases like the present must generally depend. The offence is culpable homicide, if the bodily injury intended to be inflicted is likely to cause death; it is murder, if such injury is sufficient in the, ordinary course of nature to cause death. The distinction is fine, but appreciable. It is much the same distinction as that between (c) and (4), already noticed. It is a question of degree of probability. Practically, I think, it will generally resolve itself into a consideration of the nature of the weapon used. A blow from the fist or a stick on a vital part may be likely to cause death; a wound from a sword in a vital part is sufficient in the ordinary course of nature to cause death. 8. In the present case the prisoner, a young man of 18, appears to have kicked his wife, (a girl of 15) and to have struck her several times with his fist on the back. These blows seem to have caused her no serious injury. She, however, fell on the ground, and I think that the evidence shows that the prisoner then put one knee on her chest, and struck her two or three times on the face. One or two of these blows, which, from the medical evidence, I believe to have been violent and to have been delivered with the closed fist, took effect on the girl's left eye, producing contusion and discoloration. The skull was not fractured, but the blow caused an extravasation of blood on the brain, and the girl died in consequence either on the spot, or very shortly afterwards. On this state of facts the Sessions Judge and the assessors have found the prisoner guilty of murder, and he has been sentenced to death. I am myself of opinion that the offence is culpable homicide, and not murder. I do not think there was an intention to cause death; nor do I think that the bodily injury was sufficient in the ordinary course of nature to cause death. Ordinarily, I. think, it would not cause death. But a violent blow in the eye from a man's fist, while the person struck is lying with his or her head on the ground, is certainly likely to cause death, either by producing concussion or extravasation of blood on the surface or in the substance of the brain. A reference to Taylor's Medical Jurisprudence (Fourth Edition, page 294) will show how easily life may be destroyed by a blow on the head producing extravasation of blood. 9. For these reasons I am of opinion that the prisoner should be convicted of culpable homicide not amounting to murder, and I would sentence him to transportation for seven years. 10. This order was accordingly passed by the Court. Murder (When Culpable Homicide amounts to Murder) Murder is a type of Culpable Homicide where culpability of the accused is quite more than in a mere Culpable Homicide. Section 300, says that Culpable Homicide is Murder if the act by which the death is caused is done 1. with the intention of causing death 2. or with an intention of causing such bodily injury as the offender knows to be likely to cause the death of the person, 3. or with an intention of causing such bodily injury as is sufficient in ordinary course of nature to cause death. 4. It is also Murder if the person committing the act knows that the act is so dangerous that it will cause death or such injury as is likely to cause death in all probability and he has no valid reason for doing that act. Illustrations
(a) A shoots Z with the intention of killing him. Z dies in consequence. A
commits murder. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. 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, not knowing that Z is labouring 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. (c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z's death.
(d) 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 may not have had a premeditated design to kill any particular individual. Exception 1.-When culpable homicide is not murder.-Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident The above exception is subject to the following provisos:- First.-That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person. Secondly.-That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant. Thirdly.-That the provocation is not given by anything done in the lawful exercise of the right of private defence. Explanation.-Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. Illustrations (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z's child. This is murder, inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder,in asmuch as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A's deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A attempts to pull Z's nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, inasmuch as the provocation was giving by a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage.A, a bystander, intending to take advantage of B's rage, and to cause him to kill Z, puts a knife into B's hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. Exception 2.-Culpable homicide is not murder if the offender in the exercise in good faith of the right of private defence or person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence. Illustration Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide. Exception 3.-Culpable homicide is not murder if the offender,being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law,and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused. Exception 4.-Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner. Explanation.-It is immaterial in such cases which party offers the provocation or commits the first assault. Exception 5.-Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. Illustration A, by instigation, voluntarily causes Z, a person under eighteen years of age, to commit suicide. Here, on account of Z's youth, he was incapable of giving consent to his own death; A has therefore abetted murder. Distinction between s 299 and 300 Culpable homocide Murder A person commits Culpable Homicide if A person commits Murder if the act by the act by which death is caused is done which death is caused is done - 1.With the intention of causing death 1.With the intention of causing death 2. with an intention to cause such bodily 2. with an intention to cause such bodily injury as is likely to cause death. injury as the offender knows to be likely to cause death of the person to whom the harm is caused 3. with the knowledge that such an act is 3. with an intention of causing bodily likely to cause death injury to any person and the bodily injury intended to be inflicted is sufficient in ordinary course of nature to cause death 4. With the knowledge that the act is so imminently dangerous that it must in all probability cause death All 'Murder' are'Culpable Homicide' but not vice-versa Section 300 (3) The section provides that, culpable homicide is murder if the act by which death is caused: Is done with an 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. For cases to fall within Clause (3), it is not necessary that the offender intended to cause death, so long as the death ensues from the intentional bodily injury or injuries sufficient to cause death in the ordinary course of nature Chamru Budhwa Vs. State of Madhya Pradesh After an exchange of abuse accused dealt a blow on the head of the deceased with the lathi. After that 2nd appellant dealt another blow to the deceased, the injury inflicted proved fatal and both the Courts below came to the conclusion that the Appellant was guilty of the offence under Section 302 IPC. As per the doctor the injury inflicted on the head was sufficient in the ordinary course of nature to cause death. The Supreme Court was of the view that it appears that the crime was committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel thus bringing the case within Exception 4 thereto with the result that the offence committed was culpable homicide not amounting to murder Willie (William) Slaney vs. The State of Madhya Pradesh In another case of Willie (William) Slaney vs. The State of Madhya Pradesh , William was on terms of intimacy with sister of deceased. The brother did not like their intimacy. On the evening of the day of the occurrence, there was a heated exchange of words. The accused gave one blow on his head with a hockey stick with the result that his skull was fractured. He died in the hospital ten days later. The doctor thought that injury was only likely to cause death. In the opinion of court, the appellant could hardly be presumed to have had this special knowledge that the blow was sufficient to cause death at the time he struck the blow. So the offence falls under the second part of section 304 of IPC. While it has been made clear in Virsa Singh's case that such knowledge is not necessary.
The approach of the court in the above mentioned cases
seems, that more reliance was placed on the nature and seriousness of injury rather than the intention to cause such injury. It is very evident when judge in Slaney's case says that, All blows on the head do not necessarily cause death. The approach has been to find out whether the ingredient namely the intention to cause the particular injury is present or not and it is held that circumstances like sudden quarrel in a fight or when the deceased intervenes in such a fight, would create a doubt about the ingredient of intention as it cannot definitely be said in such circumstances that the accused aimed the blow at a particular part of the body.
Earlier the courts first searched the intention
to kill and IN ITS ABSENCE the act can be murder only if that injury would be sufficient in the ordinary course of nature to cause death. The Landmark Judgment Virsa Singh vs. State of Punjab AIR 1958 SC 465 Facts: The appellant was allegedly guilty of the murder of one Khem Singh. There was only one injury on his person, which was a result of a spear thrust. The doctor said that the injury was sufficient in the ordinary course of nature to cause death. Medical Report: The injury was a punctured wound 2- x transverse in direction on the left side of the abdominal wall in the lower part of the iliac region just above the inguinal canal. Three coils of intestine were also coming out. The appellant was convicted by the first court under section 302 IPC and his conviction was upheld by the High Court. He was granted special leave to the Supreme Court on the following: Issue: On the finding of High Court what offence is made out as having been committed by the petitioner Arguments advanced: It was argued with much circumlocution that the facts set out above do not disclose an offence of murder because the prosecution has not proved that there was an intention to inflict a bodily injury that was sufficient to cause death in the ordinary course of nature.
Reasoning and decision: The court said that actual
reading of this section infers that it is not enough to prove that the injury found to be present is sufficient to cause death in ordinary course of nature but it must be in addition shown that the injury found to be present was the same injury that was intended to be inflicted. Whether it was sufficient to cause death in the ordinary course of nature is a matter of inference or deduction from the proved facts about the nature of the injury and has nothing to do with the question of intention.
Four -point test
The court gave a four-point test which prosecution must observe and prove in order tobring the case under this section: i) First, it must establish, quite objectively, that a bodily injury is present; ii) Secondly, the nature of the injury must be proved; These are purely objective investigations iii) Thirdly, it must be proved that there was an intention to inflict that particular bodily injury, that is to say, that it was not accidental or unintentional, or that some other kind of injury was intended. Once these three elements are proved to be present, the enquiry proceeds further and, iv) Fourthly, it must be proved that the injury of the type just described made up of the three elements set out above is sufficient to cause death in the ordinary course of nature. This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender. Once these four elements are established by the prosecution (and, of course, the burden is on the prosecution throughout) the offence is murder under s. 300, thirdly. Khuman Singh vs. State of Madhya Pradesh (2004). The facts were that the villagers from different villages were assembled in connection of the flag ceremony of a temple. The stick of Khuman Singh, appellant struck the one who was beating the drum. An altercation took place and parties were pacified by intervention of the deceased. After ceremony was over, the complainant party was chased by the appellants. The deceased was overpowered and was assaulted with lathi blows and stones. Some accused also trampled on his body and he died on the spot. According to the medical report none of the injuries was sufficient to cause death in the ordinary course of nature. The death had actually resulted due injury to the liver caused by fracture of rib bone, which punctured the liver.
Decision: The court observed that what
happened was not premeditated and appellants were not prepared for the incident. The injuries were inflicted by lathies and stones. Medical report showed that it was the ribs that had entered the liver and if liver was not damaged death would not have resulted. This injury was not one which was intended by the court and it was at best accidental and therefore s. 300 (3) is not attracted. What needs to be proved is that the accused had an intention to cause the same bodily injury found to be present on the person of deceased which was later found to be sufficient to cause death. Such a principle is based on broad lines of common sense because if intention is considered to be of causing an injury which is sufficient to cause death; then any person could always plead that he never had an intention to cause such a injury and it would have been very difficult to prove him wrong.
That is why the court observed that:
Once these four elements are established by the prosecution the offence is murder under s. 300, thirdly. It does not matter that there was no intention to cause death. It does not matter that there was no intention even to cause an injury of a kind that is sufficient to cause death in the ordinary course of nature. It does not even matter that there is no knowledge that an act of that kind will be likely to cause death. Once the intention to cause the bodily injury actually found to be proved, the rest of the enquiry is purely objective and the only question is whether, as a matter of purely objective inference, the injury is sufficient in the ordinary course of nature to cause death. No one has a licence to run around inflicting injuries that are sufficient to cause death in the ordinary course of nature and claim that they are not guilty of murder. If they inflict injuries of that kind, they must face the consequences; and they can only escape if it can be shown, or reasonably deduced that the injury was accidental or otherwise unintentional.
Dhupa Chamar vs. State of Bihar
Dhupa Chamar vs. State of Bihar dealt in great detail on the requirement of intention and applicability of this section. In this case, lordships had discussed almost all apt authorities and above-mentioned cases in this regard. They mainly threw light on the question that infliction of single blow, which proved fatal should not be equated with the intention to cause death or an injury sufficient to cause death in ordinary course of nature. In this case, there was an incident of assault by fists and slaps between Ramu Chamar and appellant No. 2-Tokha Chamar and due to this reason next day, appellants and their men armed with bhalas, lathies and with brickbats came near the house of Ramu Chamar and started abusing his family members whereupon, villagers arrived there. One of them, a lady, made a protest whereupon appellant No. 1-Dhupa Chamar gave a bhala blow on the left side of her neck and the same was pulled out forcibly from the neck as a result of which she fell down and died instantaneously. Appellant No.2-Tokha Chamar assaulted one other person in the abdomen with bhala as a result of which he died in the hospital. Decision and reasoning: Under Clause Thirdly the intention to cause that particular injury is a subjective inquiry and when once such intention is established and if the intended injury is found objectively to be sufficient in the ordinary course of nature to cause death, Clause Thirdly is attracted and it would be murder unless one of the exceptions to Section 300 is attracted. If on the other hand this ingredient of 'intention' is not established or if a reasonable doubt arises in this regard then only it would be reasonable to infer that Clause Thirdly is not attracted and that the accused must be attributed knowledge that in inflicting the injury he was likely to cause death in which case it will be culpable homicide punishable under Section 304 Part II IPC." Keeping in mind the aforesaid principles it appearred to court that the accused persons came armed with deadly weapons and there was an altercation and exchange of hot words whereafter appellant No. 1 assaulted victim with a bhala causing injury on the chest rupturing important blood vessels resulting in her instantaneous death. The above circumstance would show that accused intentionally inflicted the injury and the same would indicate such a state of mind of the appellant-Dhupa Chamar that he aimed and inflicted the injury with deadly weapon. In the absence of evidence or reasonable explanation to show that this appellant did not intend to inflict injury by bhala in the chest with that degree of force sufficient to rupture important blood vessel and cutting of aorta and other artery, it would be perverse to conclude that he did not intend to inflict that injury that he did. When once the ingredient 'intention' is established then the offence would be murder as the intended injury was sufficient in the ordinary course of nature to cause death. Therefore, inevitable conclusion would be that appellant committed the offence of murder u/s 300 (3). Harjindar Singh v. Delhi Administration Harjindar Singh v. Delhi Administration, appellant was beating one person and the deceased intervened to rescue. When the three were grappling with each other appellant took out the knife and stabbed the deceased once. Cause of death was shock and haemorrhage from injury to femoral vessels in the thigh. The appellant did not use the knief when he was engaged in the fight. The deceased came intervening in a crouching position to separate the two. Therefore it can't be said with any definiteness that the appellant aimed a blow at this particular part knowing that it would cut the artery. He was convicted under 304 I of IPC. Tholan v. St. of Tamil Nadu Tholan v. St. of Tamil Nadu, the accused and deceased had no enimity but were remonstrating with each other on some point. In the course, accused took out a knife and stabbed deceased on right of side of chest. Deceased succumbed to the injury and died. Cause of death was stated to be shock and haemorrhage on account of stab injury and sufficient to cause death in ordinary course of nature. Court concluded that there was no dispute, quarrel or malice of accused with deceased and presence of deceased was wholly accidental. Everything happened on the spur of the moment and requisite intention cannot be attributed to the accused. Thus he was held guilty for committing an offence under 304 II of IPC. Jaiprakash v. State (Delhi Administration) Jaiprakash v. State (Delhi Administration), the appellant was having illicit relations with wife of the deceased and his visits to her house were resented and objected by him. On the day of occurrence, the accused visited the house in absence of deceased armed with a kirpan. When deceased came and objected to his presence there was only an altercation and exchange of hot words and not a fight. Thereupon, he took out the kirpan and stabbed on the chest of the deceased resulting in his instantaneous death. The above circumstances would show that the accused intentionally inflicted that injury and though it may not be premeditated one. All such circumstances certainly indicated a state of mind namely that he aimed and inflicted the injury with a deadly weapon. As observed in Virsa Singh's case, in the absence of evidence or reasonable expalnation to show that he did not intend to stab on the chest with the degree of force sufficient to penetrate the heart, it would be perverse to conclude that he did not intend to inflict the injury that he did. When once ingredient ?intention? is established then the offence would be murder if injury is found to be sufficient in the ordinary course of nature to cause death. Abdul Waheed Khan and Ors. v. State of Andhra Pradesh Abdul Waheed Khan and Ors. v. State of Andhra Pradesh, three accused rushed to the deceased and began stabbing him indiscriminately with their three knives, while another accused tried to snatch the bag containing the cash. Further knife blows were given by the three accused persons till the deceased collapsed. They away the cash bag and all of them fled. the three appellants had indiscriminately stabbed the deceased, though their object was to rob him. the doctor said that the stab wounds as well as the head injury are individually sufficient to cause death". The stab wounds came first and then the possible fall. Taking into account the totality of the circumstances the accused was held guilty for murder. Where murder is caused by a single blow Kulwant Rai v. State of Punjab, (1981), Randhir Singh v. State of Punjab (1981), Gurmail Singh v. State of Punjab (1982), Jagtar Singh v. State of Punjab (1983), Tholan v. State of Tamil Nadu (1984), What are the Ingredients of Grave and Sudden Provocation? Exception 1 (1) That the accused received provocation; (2) That the provocation was (a) grave, and (b) sudden; (3) That he was deprived by the provocation of his power of self-control; (4) That while thus deprived of his power of self- control and before he could cool down he caused the death of the person who gave him the provocation. No abstract rule of reasonableness can be laid down. What a reasonable man, i.e., a normal person will do in certain circumstances depends upon the cultural, social and emotional background of the society to which he belongs. The court must consider the reaction not of the normal man in the abstract but the normal man whose impulses are conditional by the same environments as those of the accused. In 1707 Lord Holt specified four categories of acts that constituted legally sufficient provocation. These were:- Hearing angry words followed by a physical assault. Seeing a friend being assaulted. Observing a citizen detained by force. Seeing ones wife in bed with another. The acts legally insufficient at common law to constitute provocation included:- Mere words. Insulting gestures. Trespass to property. Misconduct by a child or servant. Breach of contract. The accused, Nanavati, at the time of the alleged murder, was second in command of the Indian Naval Ship Mysore. He married Sylvia in 1949 and had three children. Since the time of marriage, the couple were living at different places having regard to the exigencies of service of Nanavati. Finally, they shifted to Bombay. In the same city the deceased Ahuja was doing business in automobiles and in the year 1956, Agniks, who were common friends of Nanavatis and Ahujas, introduced Ahuja and his sister to Nanavatis. Ahuja was unmarried and was about 34 years of age at the time of his death. Nanavati, as a Naval Officer, was frequently going away from Bombay in his ship, leaving his wife and children in Bombay.Gradually, friendship developed between Ahuja and Sylvia, which culminated in illicit intimacy between them. On April 27, 1959, Sylvia confessed to Nanavati of her illicit intimacy with Ahuja. Enraged at the conduct of Ahuja, Nanavati went to his ship, took from the stores of the ship a semi-automatic revolver and six cartridges on a false pretext, loaded the same, went to the flat of Ahuja entered his bed-room and shot him dead. Thereafter, the accused surrendered himself to the police. He was put under arrest and in due course he was committed to the Sessions for facing a charge under s. 302 of the Indian Penal code. But the defence version was that the accused was away with his ship from April 6, 1959, to April 18, 1959. Immediately after returning to Bombay, he and his wife went to Ahmednagar for about three days. Thereafter, they returned to Bombay and the accused noticed that his wife was behaving strangely and was not responsive or affectionate to him. When questioned, she used to evade the issue. At noon on April 27, 1959, when they were sitting in the sitting-room for the lunch to be served, the accused put his arm round his wife affectionately, when she seemed to go tense and unresponsive. After lunch, when he questioned her about her fidelity, she shook her head to indicate that she was unfaithful to him. He guessed that her paramour was Ahuja. As she did not even indicate clearly whether Ahuja would marry her and look after the children, he decided to settle the matter with him. Sylvia pleaded with him not go to Ahujas house, as he might shoot him. Thereafter, he drove his wife, two of his children and a neighbors child in his car to a cinema, dropped them there and promised to come and pick them up at 6 P.M. when the show ended. He then drove his car to his ship, as he wanted to get medicine for his sick dog, he represented to the authorities in the ship, that he wanted to draw a revolver and six rounds from the stores of the ship as he was going to drive alone to Ahmednagar by night, though the real purpose was to shoot himself. On receiving the revolver and six cartridges, and put it inside a brown envelope. Then he drove his car to Ahujas office, and not finding him there, he drove to Ahujas flat, range the door bell, and, when it was opened by a servant, walked to Ahujas bed- room, went into the bed-room and shut the door behind him. He also carried with him the envelope containing the revolver. The accused saw the deceased inside the bed-room, called him a filthy swine and asked him whether he would marry Sylvia and look after the children. The deceased retorted, Am I to marry every woman I sleep with? The accused became enraged, put the envelope containing the revolver on a cabinet nearby, and threatened to thrash the deceased. The deceased made a sudden move to grasp at the envelope, when the accused whipped out his revolver and told him to get back. A struggle ensued between the two and during that struggle two shots went off accidentally and hit Ahuja resulting in his death. After the shooting the accused went back to his car and drove it to the police station where he surrendered himself. The trail court convicted under S.304 A of IPC and in appeal the high court convert it into S.302 of IPC. So the accuse made an appeal before the SC and at the same time he made an application to governor under Art.161. The definition of provocation as explained by the Supreme Court of India in the case of K. M. Nanavati v. The State of Bombay, is as follows :- The test of grave and sudden provocation is whether a reasonable man, belonging to the same class of society to which the accused belongs, and placed in the situation in which the accused was placed, would be so provoked as to lose his self-control. In India, words or gestures may also, under certain circumstances, cause grave and sudden provocation to an accused to an accused so as to bring his at within the first exception to section 300 of the Indian Penal Code. . The mental background created by the previous act of the victim may be taken into consideration in ascertaining whether the subsequent act caused grave and sudden provocation for committing the offence.
The fatal blow should be clearly traced to the
influence of passion arising from that provocation and not after the passion had cooled down by lapse of time, or otherwise giving room and scope for premeditation and calculation In the case of R v. Duffy, the court gave a very clear definition of the term provocation which is as follows : Provocation is some act, or series of acts, done by the dead man to the accused, which would cause in any reasonable person, and actually causes in the accused, a sudden and temporary loss of self-control, rendering the accused so subject to passion as to make him or her for the moment not master of his mind. Words alone :-
Under the Indian law, it is well established that words
alone, whether in the form of insults or abuses or whether in the form of providing information regarding adultery etc. can amount to provocation. This particular position of Indian law is largely based on the 1837 draft of the Penal Code wherein the following is provided :- it is an indisputable fact, that gross insults by word or gesture have as great a tendency to move many persons to violent passion as dangerous or painful bodily injuries; nor does it appear to us that passion as excited by insult is entitled to less indulgence than passion excited by pain. It would be a fortunate thing for mankind if every person felt an outrage which left a stain upon his honour more acutely than an outrage which had fractured one of his limbs Cumulative provocation :-
Indian courts have accepted the principle of cumulative
provocation ever since the inception of the code. Courts could relegate all matters having an element of time in them to the requirement of suddenness, leaving alone matters not related to the time factor to be framed under the head of grave provocation.Under sudden rovocation, the following could be considered :- Response to the provocation (the homicide) was unexpected as opposed to planned and calculated. Interval between the homicide and the provocation must be short. Accused is operating under loss of self control But what matters most is whether the previous provocations however numerous the occasions, had an impact on the accuseds mental state at the time of killing. For example, in the case of Aktar v. State the Court held that the particular situation and past experiences of an accused in relation to the deceased must be taken into account to understand the extent to which the accused was provoked into losing self- control. In many similar cases, the courts held that cumulative provocation has to be given due consideration and that the act of the homicide should not be looked at in isolation. Provocation in the presence of the defendant :- Indian courts recognize the possibility of provocation even in the absence of the defendant. This sort of provocation is called hearsay provocation under English common law. In the case of Chanan Khan v. Emperor, the court was prepared to regard the provocation although it was not in the presence of the accused on the basis that he received the provoking information from a very reliable source and the fact that the act was committed in very close proximity to the accused itself which meant that the act could be verified immediately. Thus, the court held that the provocation in this case was just as much as if the person provoked had seen it happen with his own eyes Self-induced provocation :-
Exception 1 to section 300 of the Indian Penal
Code expressly disallows the defence from succeeding when the accused has sought the provocation. The first proviso to the exception states that :- That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person. Harchandra v. State of Rajasthan In Harchandra v. State of Rajasthan, the facts are that the incident took place all of a sudden and there was no evidence to show that the injuries were inflicted on the body of the deceased with the motive or intention to kill him or to cause such bodily injury which was likely to cause death. The High Court of Rajasthan held that the offence caused by the accused would amount to culpable homicide not-amounting to murder. Exception 2: Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation and without any intention of doing more harm than is necessary for the purpose of such defence. Exceeding the right of private defence: In order to apply this Exception (2) certain conditions must be fulfilled (a) The act must be done in exercise of right of private defence of person or property. (b) The act must be done in good faith. (c) The person doing the act must have exceeded his right given to him by law and have thereby caused death. (d) The act must have been done without premeditation and without any intention of causing more harm than was necessary in private defence. Illustration: Deceased though committing criminal trespass was not armed. There could have been no apprehension that death or grievous hurt was likely to be caused to accused. It has been held that the accused far exceeded his right of private defence of property by using dangerous weapon, chhura, with deadly effect and causing two injuries which cut the heart and lung. Hence, he was guilty of an offence under Section 304, Part I, I.P.C. In Ram Avtar v. State of U.P., the Supreme Court held that the sequence of the events shows that the assault by accused continued even after the danger of life of the accused had ceased. Therefore, the accused exceeded the right of private defence because it is limited to the extent it could have been available against a private individual. In a case the accused was going in his jeep when he was surrounded by the victim and his companions whereupon he fired thrice from his revolver. It was held that it cannot be said that he fired with an intention of causing death of any particular person, and he exceeded in the exercise of right of private defence. As such he had only knowledge that his act was likely to cause death and he was convicted under Section 304, I.P.C.