shows that the death
of deceased Bhupendra Kumar Yadav was a simpliciter murder and not
due to use of motor vehicle and therefore, the claim ... claim petition on the ground of death of the deceased
being simpliciter murder and not by use of motor vehicle. Therefore,
the matter needs
submitted that there is a vast deference
between the accidental murder and murder simpliciter and in this case
looking to the facts of the incident ... death of the deceased Sanjaybhai
was not an accidental murder but it was murder simpliciter and
therefore, the appellant Insurance Company has rightly repudiated
murder' which is not an accident and 'murder' which is an accident, depends on the proximity of the cause of such murder ... particular person then such killing is not an accidental murder but is a
(6)
murder simpliciter, while if the cause of murder
kill any particular person, then such killing is not accidental murder but a murder simpliciter. But, if the cause of murder or act of murder ... accidental murder but is a murder simplicitor, while if the cause of murder or act of murder was originally not intended and the same
Omission to frame alternative charge against the other-
Conviction under s. 302 simpliciter-Validity- Code of
Criminal Procedure ... made him directly liable for the murder. He
contends that as he was not charged with having murdered the
man personally be cannot be convicted
impossible to convict any one of the
accused of murder simpliciter under section 302 ,
21
150
nor do the learned Judges attempt to do that
whereas murder was a
secondary issue in the facts of the case and that the
Crl. Appeal No.87 of
2007
proof of murder would ... there is very substantial evidence
with regard to the allegations of murder simpliciter
and have been dealt with under circumstance No.11.
We first
were
not convicted in the present case for the
offence of murder simpliciter under
Section 302 IPC; but that, in our opinion,
is immaterial ... High Court
that each of these appellants committed a
cold-blooded murder by shooting two
inmates of the house simply with the
object of facilitating
intention to cause death in which case
it will be a murder simpliciter unless exception is
attracted. We are concerned under clause Thirdly with ... nature to cause
death, clause Tirdly is attracted and it would be murder,
unless one of the exceptions to Section 300 is attracted
intention to cause death in which case it will be a murder
simpliciter unless exception is attracted. We are concerned under
Clause Thirdly with ... Dhupa Chamar has committed the offence of murder and not culpable homicide
not amounting to murder. This being the position, we do not find that
