State Of Andhra Pradesh vs Rayavarapu Punnayya & Another on 15 September, 1976
27. Killing of a human being by another human being is homicide.
Such killing may be lawful or it may be unlawful. When the killing is
unlawful, it is culpable homicide. Indian Penal Code classifies culpable
homicide into two categories, namely, "culpable homicide not
amounting to murder" punishable under Section 304 IPC and "murder",
which is a graver form of culpable homicide punishable under Section
302 IPC. What distinguishes these two offences is the presence of
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mens rea which comprises of different forms of mental states as
defined under Section 300 IPC. The distinction between culpable
homicide not amounting to murder and murder has been set forth by
the Supreme Court in the matter of State of A.P. Vs. Rayavarapu
Punnayya, (1976) 4 SCC 382, inter alia, in the following terms: