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19. This takes us to the issue whether the offence would be murder, which is an ingredient to be proved before proving that offence committed is an offence under Section 396 IPC.

20. It would be relevant to refer Section 299 as also Section 300 of the Indian Penal Code, which read as under:

"S.299. Culpable homicide: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

"S.300. Murder--Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, --

Secondly --If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or--

Thirdly --If it is done 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--

Section 299 Section 300 A person commits culpable homicide if the act by which the death is caused is done-

Subject to certain exceptions culpable homicide is murder is the act by which the death is caused is done.

INTENTION

(a) without the intention of causing death; or (1) with the intention of causing death; or

(b) with the intention of causing such bodily injury as is likely to cause death; or (2) with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused;

KNOWLEDGE KNOWLEDGE

(c) with the knowledge that the act is likely to cause death.

(4) with the knowledge that the act is so immediately 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.

22. From the upshot of the aforesaid discussions, it appears that the death caused by the accused was premeditated, accused had intention to cause death of deceased, the injuries were sufficient in the ordinary course of nature to have caused death, accused had intention to do away with deceased, hence the instant case would be falling under Section 300 of IPC. While considering Section 299 as reproduced herein above offence committed in this case would fall under Section 300 on the basis of the observations of the Apex Court in Veeran and others Vs. State of M.P. Decided, (2011) 5 SCR 300 which has been also kept in mind.