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20.Let us now examine the circumstances under which, the act of the accused will amount to murder or culpable homicide not amounting to murder, which incurs lesser punishment.
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21.The first limb of Section 299 IPC namely intention to cause death corresponds to first limb of Section 300 IPC, which speaks about intention to cause death. To find out whether the accused has intention to cause death of a person, Court can infer from various circumstance like the motive, gravity of injuries, weapon used by the accused for committing the act etc., Based on the available evidence, if the Court comes to the conclusion that the accused has the intention to cause death of the deceased, then it amounts to murder and the accused is liable to be punished under Section 302 IPC.
24.The third limb of Section 300 IPC, speaks about https://www.mhc.tn.gov.in/judis/ the intention of the accused to cause bodily injury and the intended injury to be inflicted is sufficient in the ordinary course of nature to cause death.
25.The fine distinction between the second limb of Section 299 IPC and the third limb of Section 300 IPC is that the second limb of Section 299 IPC deals with injury likely to cause death, whereas the third limb of Section 300 IPC speaks that the intended injury to be inflicted is sufficient in the ordinary course of nature to cause death. The third limb of Section 300 IPC, does not speak about the resulted injury but it only speaks about the injury intended to be inflicted by the accused.
30.To bring the act of the accused under the fourth limb of Section 300 IPC, it should be established that the accused is aware of the consequences of his act and the consequence is either imminently dangerous to life or bodily injury which is likely to cause death. The degree of knowledge makes the difference between the third limb of Section 299 IPC and the fourth limb of Section 300 IPC. Further to bring the act under the fourth limb of Section 300 IPC, it should be proved that it is not the knowledge of mere possibility, but the accused had knowledge that the act is imminently dangerous and that in all probability the https://www.mhc.tn.gov.in/judis/ act is likely to cause death.
34.To put it more clearly, if it is proved that the act of the accused is culpable homicide not amounting to murder, and it falls either under the first or second limb of Section 299 IPC, then the accused is liable to be punished under Section 304(i) of IPC. If the act of the accused is proved as culpable homicide not amounting to murder and falls within the ambit, third limb of Section 299 IPC, the accused is liable to be punished under Section 304(ii) of IPC. Likewise, if the act of the accused falls within first, second or third limb of Section 300 IPC and if it falls under any one of the exceptions enumerated in Section 300 IPC, then the act of the accused is only culpable homicide not amounting to murder and the accused is liable to be punished under Section 304(i) IPC. If the act of the accused falls within the fourth limb of Section 300 IPC and if it falls under any one of the exceptions enumerated in Section 300 IPC, it is punishable under Section 304(ii) IPC. [Vide Ganesan v. State of T.N., 2012-2- L.W. (Crl) 733] '' https://www.mhc.tn.gov.in/judis/