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We may now notice Section 304 of the Code. When an offence comes within the four corners of Section 299 of the Code, culpable homicide would not amount to murder.

Section 300, however, although defines what would amount to culpable homicide amounting to murder, as indicated hereinbefore, contains several exceptions.

Distinction

8. The distinction between the first part and the second part of Section 304 of the Indian Penal Code, therefore, must be considered having regard to the provisions contained in Sections 299 and 300 of the Indian Penal Code. Clause (a) of Section 299 corresponds to clause (1) of Section 300, clause (b) of Section 299 corresponds with clauses (2) and (3) of Section 300 and clause (c) of Section 299 corresponds with clause (4) of Section 300 of the Code.

10. For determination of the said question, it would be convenient if the exceptions contained in Section 300 are taken into consideration as if the case falls under the said exceptions, there would not be any question of applicability of the main provision of Section 300 of the Indian Penal Code.

11. The distinction between culpable homicide amounting to murder and not amounting to murder is well known. Culpable homicide is genus, murder is its specie. The culpable homicide, excluding the special characteristics of murder, would amount to culpable homicide not amounting to murder. The Code recognizes three degrees of culpable homicide. When a culpable homicide is of the first degree, it comes within the purview of the definition of Section 300 and it will amount to murder. The second degree which becomes punishable in the first part of Section 304 is culpable homicide of the second degree. Then there is culpable homicide of third degree which is the least side of culpable homicide and the punishment provided for is also the lowest among the punishments for the three grades. It is punishable under the second part of Section 304.

Precedents

13. We must begin with the decision of King v. Aung Nyun [191 IC 306 (FB)] where it was observed "it does not follow that a case of culpable homicide is murder because it does not fall within any of the exceptions of Section 300. To render culpable homicide as murder, the case must come within the provisions of clause (1) or (2) or (3) or (4) of Section 300." Whereas Section 299 defines the offence of culpable homicide, Section 300 defines the circumstances in which the offence of culpable homicide will, in absence of exceptions laid down therein, amount to murder.

Once these three elements are proved to be present, the enquiry proceeds further and, Fourthly, it must be proved that the injury of the type just described made up of the three elements set out above is sufficient to cause death in the ordinary course of nature. This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender.

Once these four elements are established by the prosecution (and, indisputably, the burden is on the prosecution throughout) the offence is murder under Section 300, "3rdly". It does not matter that there was no intention to cause death. It does not matter that there was no intention even to cause an injury of a kind that is sufficient to cause death in the ordinary course of nature (not that there is any real distinction between the two). It does not even matter that there is no knowledge that an act of that kind will be likely to cause death. Once the intention to cause the bodily injury is actually found to be proved, the rest of the enquiry is purely objective and the only question is whether, as a matter of purely objective inference, the injury is sufficient in the ordinary course of nature to cause death. No one has a licence to run around inflicting injuries that are sufficient to cause death in the ordinary course of nature and claim that they are not guilty of murder. If they inflict injuries of that kind, they must face the consequences;