1. Udayasimha N G Assistant Professor, School of Law, GITAM University

2. OF OFFENCES AGAINST THE HUMAN BODY Section 299 : Culpable homicide Essential features:- Causing of death of a human being; Such death must have been caused by doing an act or omission; Intention to cause death Some bodily injury must have been caused which is likely to cause death Should be with the knowledge that by such act, the doer is likely to cause death 3. Cont., Illustration:- Peter knows Alice to be behind a bush. Tom does not know it. Peter intending to cause or knowing it to be likely to cause Alices death, induces Tom to fire at the bush. Tom fires and kills Alice. 4. Cont., DECIDED CASE Ruliram v. State of Haryana 2002 Cr LJ 4337 (SC) An accused threw in water two young boys playing by the side of a pond because of a family members refused to vote in favor of the candidate of the accused. The intention of the accused was not to kill those boys but to create some sort of disturbance to divert the attention at the polling booth in order to capture it. HELD : - Act was likely to cause death and punished under Section 304, Part II 5. MURDER Section 300 :- Essential ingredients:- Intention of causing death The offender knowing to be likely to cause the death of the person to whom the harm is caused Done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death Imminently dangerous and all probability cause death or such bodily injury as is likely to cause death. 6. R v.GOVINDA (1876) 1 Bom. 342 Accused 18 years old (Husband) Deceased 15 years old (Wife) Accused gave blow on her body Accused put his knee on her chest and few more blows on her face Trial Court convicted him for murder Difference of opinion amongst judges Referred the matter to the third judge HELD:- Culpable homicide under 299(2) and was convicted under 304 Part I 7. Cont., Illustration :- Ramappa knows that Krishnappa has undergone a heart surgery and any blow on his chest would cause death. Knowing the fact he (Ramappa) gives a blow on his (Krishnappa) chest and resulted in instant death. 8. Cont., DECIDED CASE Namdeo v. State of Maharashtra 2007 Cr LJ 1819 (SC) The accused believed that Nanaji (deceased) was involved in a witch craft which in turn caused death of the cattle animals of village. On 25th night of October 2000 the accused was seen stabbing the deceased with axe blow which resulted in death. HELD:- Murder and sentenced under Section 304 Part II 9. EXCEPTIONS TO SECTION 300 Grave and sudden provocation Private defence Acts of public servants Sudden fight Consent of the person killed 10. GRAVE AND SUDDEN PROVOCATION K.M Nanavati v. State of Bombay AIR 1962 SC 605 Navy Officer married with children Wife confessing her relation with another man Hearing this there was no reaction by the husband He dropped his wife and children to a cinema hall Went to his ship and took his revolver Went to the accused after span of three hours and shot him HELD:- Murder and was sentenced to LIP 11. RIGHT OF PRIVATE DEFENCE Bhagwan Swarup v. State of M.P AIR 1992 SC 675 Accused opened fire to rescue his father who was beaten up by lathis The bullet hit a person who was wielding a lathi resulting his death HELD:- Justified action of the accused and sentenced him under Section 304 12. ACT OF PUBLIC SERVANT Dakhi Singh v. State of U.P AIR 1955 All. 379 Accused a constable was taking a suspected thief by train Thief tried to escape from running train Constable chased him and fired at him The bullet missed the suspected thief and hit another person HELD:- Guilty for Culpable homicide not for murder 13. SUDDEN FIGHT Special ingredients :- Heat of passion Sudden reaction Without taking any undue advantage of the situation 14. Cont., DECIDED CASE Muthu v. State of T.N AIR 2008 SC 1. Deceased threw garbage into accused shop Fight started between them Accused took a knife and stabbed on the deceased chest which resulted in death Trial Court and High Court sentenced him for murder HELD:- The SC convicted him under 304 Part II 15. DEATH CAUSED BY CONSENT Dashrat Paswan v. State of Bihar AIR 1985 PAT. 190 Accused failed in x class exam and decided to die The wife of the accused told him to kill her first and then die The accused on the request of wife killed her and he tried to kill himself He was arrested before he could kill himself HELD:- Convicted under 304 Part I 16. DOWRY DEATH 304B Essential features:- Death of women by burns, bodily injury Occurred within 7 years of her wedlock Subjected to cruelty by husband or his relatives Immediately before her death 17. Cont., Devendar Sing and Another v. State of Punjab 2005 CR LJ 4160 (SC) Accused charged for abetting his wife to commit suicide Husband and his parents sent the deceased (wife) out of matrimonial home before one month of she committing suicide. At the time of death the deceased was pregnant HELD:- Convicted under 304 B 18. HURT/GRIEVOUS HURT Section 319:- Hurt Bodily pain Disease Infirmity Section 320:- Grievous hurt Emasculation Permanent privation of sight / hearing/joints Permanent disfiguration of head/face Fracture or dislocation of bone/tooth Any other act which endangers the life and causes sever body pain for not less than 20 days. 19. OF WRONGFUL RESTRAINT AND WRONGFUL CONFINMENT Section 339:- Wrongful restraint Essential features:- voluntary obstruction of a person Preventing that person from proceeding in any direction which he has right to proceed Illustration A parks his car in middle of the road obstructing the movement of public. B who is approaching towards his destination comes in this car and sees the car parked right in middle of the road which is parked by A. A refuses to remove the car. 20. Cont., Section 340:- Wrongful confinement Wrongful restraint Preventing to proceed beyond certain limits Illustration A places B in a building and tells him that there are several gunmen who have surrounded the building and further he warns that if he tries to escape from the building, he (B) will be shot. 21. OF CRIMINAL FORCE AND ASSUALT Section 349:- Force Essential features:- Usage of force Causes motion, change of motion By the bodily power of the person who uses the force By inducing any animal to move, to change its motion, or to cease to move. Illustration A is running on a treadmill B without As consent he increases the power of treadmill to a maximum speed which makes A to fall down . 22. Cont., Section 351:- Assault Essential features:- A gesture or preparation to use criminal force Should be made in presence of the person against whom it is directed Causes a reasonable apprehension in the mind of the victim Illustration A threatens B that he will shoot him if he tries to move even an inch. 23. Cont., Section:- 360 : Kidnapping from India Essential features:- The person kidnapped should be in India when the offence is committed he must have been taken outside the territorial limits of India Without the consent of children. In case of male 16 years and female 18 years. 24. OF KIDNAPPING AND ABDUCTION Section 359:- Kidnapping Kidnapping from India Kidnapping from lawful guardianship 25. Cont., Section 361 :- Kidnapping from lawful guardianship Essential features:- Taking or enticing away of a minor or an insane person Must be out of lawful guardianship Without the consent of the guardian 26. Cont., Section 362:- Abduction Essential features:- Forcible compulsion or inducement by fraudulent means The object of such compulsion or inducement must be the going of a person from any place. Illustration Ramcharan induces Rekha to go to Shimla with him without her consent by threatening her to kill if she did not comply.