Homicide is the highest order of bodily injury that can be inflicted on a human body. It has been the most heinous offence. Homicide means the killing of a human by a human being. However in every case of killing one is not culpable.
In Public Prosecutor v. s. M. Moorty
In this case the accused had intention in Killing A So he offered him some sweets in which the accused had mixed poison. A ate some sweet but not total he threw it and some children picked up and ate and due to the Poison those children died. The court held that A was liable for death of the children but culpable homicide not amounting to murder as the accused’s intention was to kill A.
Section 299 of IPC deals with Culpable homicide not amounting to murder and Section 300 deals with culpable homicide amounting to murder. The homicide may be lawful or unlawful. Culpable homicide means death by human being is punishable by law. All murders are culpable homicide but all culpable homicide are not murders.
The important elements of culpable homicide are:
i) By doing an act.
ii) The act of death must be done
Section 300 IPC deals about murder where a person is culpable for the death but Section 300 IPC also states some exceptions or circumstances where a murder can be reduced to culpable homicide not amounting to murder. The circumstances are:
- Sudden and Grave Provocation: When a person loses his self control by a sudden and grave provocation, causes death of the person who gave the provocation due to mistake or an accident then he will be liable for culpable homicide not amounting to murder. There are some conditions: i) The accused had been provoked by the deceased.
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