Published on: 24 July 2023 at 18:25 IST
Court: Supreme Court
Citation: State of A.P. V. Rayavarapu Punnayya (1976)
Honourable Supreme Court of India has held that distinction of culpable homicide and murder is the intention to cause death. The Apex Court has held that the intention to cause death can be gathered generally from a combination of a few or several of the following, among other, circumstances:
- nature of the weapon used;
- whether the weapon was carried by the accused or was picked up from the spot;
- whether the blow is aimed at a vital part of the body;
- the amount of force employed in causing injury
- whether the act was in the course of sudden quarrel or sudden fight or free-for-all fight;
- whether the incident occurs by chance or whether there was any premeditation;
- whether there was any prior enmity or whether the deceased was a stranger;
- whether there was any grave and sudden provocation, and if so, the cause for such provocation;
- whether it was in the heat of passion;
- whether the person inflicting the injury has taken undue advantage or has acted in a cruel and unusual manner;
- whether the accused dealt a single blow or several blows.
Para 12. In the scheme of the Penal Code, “culpable homicide” is genus and “murder” its specie. All “murder” is “culpable homicide” but not vice-versa. Speaking generally, “culpable homicide” sans “special characteristics of murder”, is “culpable homicide not amounting to murder”. For the purpose of fixing punishment, proportionate to the gravity of this generic offence.
The Code practically recognises 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.
Drafted by Abhijit Mishra
