Difference Lies In The Degree Of The Act: Supreme Court Explains Subtle Distinction Between Culpable Homicide U/s 304 IPC & Murder

In a judgment delivered on Wednesday (15 September 2021), the Supreme Court explained the difference between culpable homicide under Section 304 of the Indian Penal Code and murder under Section 300 IPC.The court observed that, though it difficult to distinguish between culpable homicide and murder as both involve death, there is a subtle distinction of intention and knowledge involved in both the crimes"This difference lies in the degree of the act. There is a very wide variance of degree of intention and knowledge among both the crimes.", the bench of Justices KM Joseph and S. Ravindra Bhat observed.In this case, a police officer, SI Tiwari, tried to board a running truck since the truck did not stop on his instructions. The driver allegedly pushed him, as a result of which SI Tiwari fell off the truck and he was run over by the rear wheels of the truck which resulted in his death. Thereafter the accused fled with the truck, but was later caught, arrested and charged with committing murder of SI Tiwari. The Trial Court convicted him for murder. The High Court dismissed his appeal.Before the Apex Court, the accused contended that the prosecution version of the incident was highly improbable given that two witnesses had clearly deposed that the the accused continued to drive the truck. It was submitted that if such was the position, unless the prosecution established that the deceased had actually boarded the truck and sat in it near the driver, it was impossible for the accused to have pushed him with such force that he would have fallen off and gotten crushed under the rear wheels. The state, on the other hand, contended that, the overall effect of the evidence led before the Court clearly showed that SI Tiwari was pushed and deliberately ran over by the accused.The bench noticed that in Section 300 does not use the term 'likely' and observed thus:The question of whether in a given case, a homicide is murder punishable under Section 302 IPC, or culpable homicide, of either description, punishable under Section 304 IPC has engaged the attention of courts in this country for over one and a half century, since the enactment of the IPC; a welter of case law, on this aspect exists, including perhaps several hundred rulings by this court. The use of the term "likely" in several places in respect of culpable homicide, highlights the element of uncertainty that the act of the accused may or may not have killed the person. Section 300 IPC which defines murder, however refrains from the use of the term likely, which reveals absence of ambiguity left on behalf of the accused. The accused is for sure that his act will definitely cause death. It is often difficult to distinguish between culpable homicide and murder as both involve death. Yet, there is a subtle distinction of intention and knowledge involved in both the crimes. This difference lies in the degree of the act. There is a very wide variance of degree of intention and knowledge among both the crimes. (Para 11)The court then referred to the decision in State of Andhra Pradesh v Rayavarapu Punnayya 1976 (4) SCC 382"12. In the scheme of the Penal Code, "culpable homicide" is genus and "murder" its specie. All "murder" is "culpable homicide" but not vice- versa. Speaking generally, "culpable homicide" sans "special characteristics of murder", is "culpable homicide not amounting to murder". For the purpose of fixing punishment, proportionate to the gravity of this generic offence, the Code practically recognises three degrees of culpable homicide. The first is, what may be called, "culpable homicide of the first degree". This is the greatest form of culpable homicide, which is defined in Section 300 as "murder". The second may be termed as "culpable homicide of the second degree". This is punishable under the first part of Section 304. Then, there is "culpable homicide of the third degree". This is the lowest type of culpable homicide and the punishment provided for it is, also, the lowest among the punishments provided for the three grades. Culpable homicide of this degree is punishable under the second part of Section 304..13. The academic distinction between "murder" and "culpable homicide not amounting to murder" has vexed the courts for more than a century. The confusion is caused, if courts losing sight of the true scope and meaning of the terms used by the legislature in these sections, allow themselves to be drawn into minute abstractions. The safest way of approach to the interpretation and application of these provisions seems to be to keep in focus the keywords used in the various clauses of Sections 299 and 300."The court referred to the following observations made in Pulicherla Nagaraju @ Nagaraja Reddy v State of Andhra Pradesh which outlined considerations that should weigh with courts, in discerning whether an act is punishable as murder, or culpable homicide, not amounting to murder:"29. Therefore, the Court should proceed to decide the pivotal ...

Difference Lies In The Degree Of The Act: Supreme Court Explains Subtle Distinction Between Culpable Homicide U/s 304 IPC & Murder

Ashok KM

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