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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 Crl.A.No.652/2009 Page 16 of 21 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:
Supreme Court of India Cites 13 - Cited by 373 - R S Sarkaria - Full Document
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