that act caused death" necessarily imply that the act must be capable of causing death. An act intrinsically incapable of causing death like witchcraft ... intentionally caused 'hurt, and can even be said to have intentionally caused bodily injury sufficient in the ordinary course of nature to cause death
which
the death is caused is done--
"(i) with the intention of
causing death: or
(ii) with the intention of
causing such bodily injury ... with the
intention of causing death, or
of causing such bodily injury
as is likely to cause death"
where intention is the dominant
factor
which the death is caused is
done with the intention of causing death, or--
2ndly.--If it is done with the intention of causing such ... murder when the act by
which death is caused is done with the intention of causing death. This clause
reproduces the first part of Section
which the death is caused is done with the intention of
causing death, or -
Secondly.- If it is done with the intention of
causing such ... 2010 15
by which the death is caused is done with the intention of
causing death, or of causing such bodily injury as is likely
homicide :- whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury ... must have been committed by the indictee :
(1) with the intention of causing death or
(2) with the intention of causing such (bady) injury
case.
Section 304 A reads thus:
304-A. Causing death by negligence : whoever causes the death of any person by doing any rash or negligent ... likely to cause death. Therefore mere knowledge of likelihood of causing death or causing bodily injury which would ultimately result in death, would be sufficient
State Of Kerala vs Abdul Arshad K @ Arshad on 16 June, 2025
Author: P.B
Abdul Khader.A.M @ Khadar vs State Of Kerala on 16 June, 2025
Author: P
exceptions
by which the death is caused is done - culpable homicide is murder if the
act by which the death caused is
Crl.Appeal ... causing death, or (1) with the intention of causing
(b) with the intention of causing such bodily death, or
injury as is likely to cause
done - caused is done -
Crl.A.No.418/2021 - 13 -
INTENTION
(a) With the (1) With the intention
intention of causing of causing death ... death; or
(b) With the (2) With the intention
intention of causing of causing such bodily
such bodily injury as injury as the offender
