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59. Section 304 IPC pertains to punishment for “culpable homicide not amounting to murder” while Section 302 IPC pertains to “Punishment for Murder”. This Court is at a loss to understand as to how both the charges against the respective accused could co-exist, when one would not amount to murder, while the other is murder simpliciter.

60. If more than one person has to be roped into an offence, necessarily a nexus has to be made out between them by bringing in an element of common intention or a criminal conspiracy. Without taking cognizance against the accused with regard to common intention or criminal conspiracy, two persons cannot be stated to have committed a single offence, https://www.mhc.tn.gov.in/judis ____________ moreso, under two different provisions of the IPC, which relates to a single murder. To appreciate the aforesaid fact and also where persons could be charged jointly, Section 223 of the Code assumes significance, which, for better understanding, is extracted hereunder :-