Murder Section 300 Murder means when a person or a group of people killed another person and that person or group of people have a pre-determined intention to end the life of the person.
Murder, in criminal law, is the unjustified killing of one person by another, usually distinguished from the crime of manslaughter by the element of malice aforethought.
Learning Outcomes
According to the Section 300 of IPC Murder;-
In a short way, Section 300 says that,
All murder may culpable homicide but all Culpable homicide may not be murder.
→ According to section 300, In this cases culpable homicide is murder,
an act by which the death → is caused is done →with the intention of causing death.
↓
the act which is done→ with such bodily injuries →when the offender knows that→ person should die cause of the injury.
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an act which is done →with the intention of causing bodily injury →to any person, →this injury is sufficient→ for causing death.
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Such dangerous acts→ cause death and such dangerous→ injury → causes death.
The essential element of the Murder
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Illustrations
(1) Rohit shoots with a gun to Sharma with the intention of killing him. Sharma dies in the consequence. Rohit commits murder.
(2 )Milind, knowing that Divay is labouring under such a disease that a blow is likely to cause his death, hit him with the intention of causing bodily injury. Day dies in consequence of the blow. Milind is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health.
- But if Milind, not knowing that Divay is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here Miller, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.
(3) Glen intentionally gives Maxwell a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Maxwell dies in consequence. Here, Glen is guilty of murder, although he may not have intended to cause Maxwell’s death.
(4) Alex without any excuse fires a loaded cannon into a crowd of persons and kills one of them. Alex is guilty of murder, although he may not have had a premeditated design to kill any particular individual.
- According to the all of above examples clearly determined the element which is essential for called the murder
Case laws
Case law 1: B.N. Srikantiah v. Mysore State [AIR 1958 SC 672]
- The dead had 24 injuries and 21 of them were mutilated. They were either on his neck, on his head, or on his shoulders, or on his forearms. Because most of the injuries were on vital parts and the weapons used were short, it is believed that the intent to inflict bodily injuries was established, brought under Section 300.
Case Law 2: State of AP vs M SobharBa
- Accused A1 And A2 entered the house of the victim armed to commit robbery. Accused of being overpowered by the victim caused the knife injury on the abdomen of the deceased. He also caused injury to the sister of the deceased who came to rescue the deceased.
- Co-accused also caused knife injuries on the legs of the victim and also threatened others with dire consequences. It was held that though the accused came to commit robbery and common intention can be inferred from the circumstances of the case. Intention can be gathered from circumstances as they arise even during the incident. As such the case was the accused will be held for murder.
Conclusion
All murder is a culpable homicide but all Culpable homicide may not murder.
Section 300 mainly deals with Murder, it says that when Culpable homicide is murder