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         Section 299                         Section

A person commits culpable            Subject    to    certain
homicide if the act by which         exceptions      culpable
the death is caused is done--         homicide is murder if
                                     the act by which the
                                     death is caused is
                                     done--
                       INTENTION
(a) with the intention        of     (1) with the intention
causing death; or                    of causing death; or
(b) with the intention of            (2) with the intention
causing    such    bodily            of causing such bodily
injury as is likely to               injury as the offender
                                  - 37 -
                                            CRL.A.No.100217 OF 2022




 cause death; or                          knows to
                                          be likely to cause the
                                          death of the person to
                                          whom the harm is
                                          caused; or
                                          (3) with the intention
                                          of causing bodily
                                          injury to any person
                                          and the bodily injury
                                          intended to be inflicted
                                          is sufficient in the
                                          ordinary     course   of
                                          nature to cause death;
                                          or
                         KNOWLEDGE
 (c) with the knowledge            (4) with the knowledge
 that the act is likely to         that the act is so
 cause death.                      imminently
                                   dangerous that it must
                                   in all probability cause
death
                                   or such bodily injury as
                                   is likely to cause death,
                                   and without any excuse
                                   for incurring the risk of
                                   causing death or such
                                   injury as is mentioned
                                   above.

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CRL.A.No.100217 OF 2022 intended to inflict the injury in question; and once the existence of the injury is proved the intention to cause it will be presumed unless the evidence or the circumstances warrant an opposite conclusion."

31. These observations of Vivian Bose, J. have become locus classicus. The test laid down by Virsa Singh case for the applicability of clause "thirdly" is now ingrained in our legal system and has become part of the rule of law. Under clause thirdly of Section 300 IPC, culpable homicide is murder, if both the following conditions are satisfied i.e. : (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; and (b) that the injury intended to be inflicted is sufficient in the ordinary course of nature to cause death. It must be proved that there was an intention to inflict that particular bodily injury which, in the ordinary course of nature, was sufficient to cause death viz. that the injury found to be present was the injury that was intended to be inflicted.

32. The important question which has engaged our careful attention in this case is, whether on the facts and in the circumstances of the case we should maintain the conviction of the appellant herein for the offence under Section 304 Part I or we should further alter it to Section 304 Part II of the IPC?

SECTIONS 299 AND 300 OF THE IPC:-

33. Sections 299 and 300 of the IPC deal with the definition of 'culpable homicide' and 'murder', respectively. In terms of Section 299, 'culpable homicide' is described as an act of causing death (i) with the intention of causing death or (ii) with the intention of causing such bodily injury as is likely to cause death, or (iii) with the knowledge that such an act

58. In Hem Raj v. State (Delhi Admn.), 1990 Supp SCC 291, the accused inflicted single stab injury landing on the chest of the deceased. The occurrence admittedly had taken place on the spur of the moment and in heat of passion upon a sudden quarrel. According to the doctor the injury was sufficient in the ordinary course of nature to cause death. This Court observed as under:

(SCC p. 295, para 14)"-

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CRL.A.No.100217 OF 2022 "14. The question is whether the appellant could be said to have caused that particular injury with the intention of causing death of the deceased. As the totality of the established facts and circumstances do show that the occurrence had happened most unexpectedly in a sudden quarrel and without premeditation during the course ofwhich the appellant caused a solitary injury, he could not be imputed with the intention to cause death of the deceased or with the intention to cause that particular fatal injury; but he could be imputed with the knowledge that he was likely to cause an injury which was likely to cause death. Because in the absence of any positive proof that the appellant caused the death of the deceased with the intention of causing death or intentionally inflicted that particular injury which in the ordinary course ofnature was sufficient to cause death, neither clause I nor clause III of Section 300 IPC will be attracted."