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30. Section 299 and 300 of the IPC define the terms 'culpable homicide' and 'murder' respectively. Section 299 provides that culpable homicide would be an act of causing death (i) with the intention of causing death or (ii) with the intention of causing State Vs Deepak @ Nat Bolt SC No.799/2018 FIR No.320/2018 27/40 such bodily injury as is likely to cause death or (iii) with the knowledge that such an act is likely to cause death. On the other hand, section 300 IPC deals with the offence of murder. Although section 300 does not give any clear definition of the offence of murder. It is settled that culpable homicide is the genus and the murder is the species and all murders are culpable homicide but all culpable homicides are not murders
31. The following observations in the case of Anbazhagan Vs The State represented by The Inspector of Police, CA No. 2043 of 2023, arising out of S.L.P. (Criminal) No. 29289 of 2019 decided on 20.07.2023 are relevant to understand the con- cepts of culpable homicide and the murder in sections 299 and 300 IPC.
"31.The phraseology of Sections 299 and 300 respectively of the IPC leaves no manner of doubt that under these Sections when it is said that a particular act in order to be punishable be done with such intention, the requisite in- tention must be proved by the prosecution. It must be proved that the accused aimed or desired that his act should lead to such and such consequences. For example, when under Section 299 it is said "whoever causes death by doing an act with the intention of causing death" it must be proved that the accused by doing the act, in- tended to bring about the particular consequence, that is, causing of death. Similarly, when it is said that "whoever causes death by doing an act with the intention of causing such bodily injury as is likely to cause death" it must be proved that the accused had the aim of causing such bod- ily injury as was likely to cause death.
INTENTION
(a) with the intention (1) with the intention of causing death; or of causing death; or (2) with the intention of causing such bodily injury
(b) with the intention as the offender knows to be likely to cause the of causing such bod- death of the person to whom the harm is caused; or ily injury as is likely (3) with the intention of causing bodily injury to to cause death; or any person and the bodily injury intended to be in-
15. Clause (b) of Section 299 does not postulate any such knowledge on the part of the offender. Instances of cases falling under clause (2) of Section 300 can be where the assailant causes death by a fist blow intentionally State Vs Deepak @ Nat Bolt SC No.799/2018 FIR No.320/2018 30/40 given knowing that the victim is suffering from an en- larged liver, or enlarged spleen or diseased heart and such blow is likely to cause death of that particular person as a result of the rupture of the liver, or spleen or the failure of the heart, as the case may be. If the assailant had no such knowledge about the disease or special frailty of the victim, nor an intention to cause death or bodily injury sufficient in the ordinary course of nature to cause death, the offence will not be murder, even if the injury which caused the death, was intentionally given.