SEC. 299
300
Defines culpable homicide as,
Whoever causes death by doing an act
with,
1. Intention of causing death.
2. Intentionally causing bodily
injury which is likely to cause
death.
3. Doing an act with knowledge
that it is likely to cause death.
Deals with the Blameworthy State of
mind
It is the Genus
All murder fall within the ambit of
Culpable homicide
If A kills B and A had no intention to
kill then the crime is said to be
committed under section 299 i.e.
Culpable homicide
Punishment as prescribed under Sec.
304 of IPC
If the act by which the death is caused Whoever commits murder shall be
is done with the intention of causing
death, or of causing such bodily
injury as is likely to cause death;
then imprisonment for life, or
SEC.
Defines Murder as,
Whoever causes death by doing an act
with,
1. Intention of causing death.
2. Intentionally causing such bodily
injury as the offender knows it is
likely to cause death of a person.
3. Intentionally causing bodily
injury which is sufficient to cause
death.
4. Doing an act with knowledge that
it is so imminently
dangerous and in
all probability, causes death.
Deals with the Killing of a person
It is the Species
Not all cases of Culpable homicide fall
within the ambit of Murder
if A had an intention to kill by then the
crime is said to have been committed
under section 300.
Punishment as prescribed under Sec.
302 of IPC
punished with death or imprisonment
for life and shall also be liable to fine.
 imprisonment of either description for
a term which may extend to ten years,
and shall also be liable to fine.
If the act is done but without any
intention to cause death, or to cause
such bodily injury as is likely to cause
death,
Imprisonment of either description for
a term which may extend to ten years,
or with fine, or with both, if the act is
done with the knowledge that it is
likely to cause death

Govindaswamy and Ors. v. State of Kerala and Ors.

AIR 2016 SC 5378

It was held that the offence would still amount to murder despite the deceased jumping out of the
train, as the injury caused by the accused was grave and sufficient to cause death and there were
signs exhibited by the accused to show he had knowledge that she would killed for the act so
committed. Thus Sec.300(3) and Sec.300(4) would apply. His plea for culpable homicide and
punishment under Sec.304 fell short and the accused was punished under Sec.302.

Surain Singh v. State of Punjab

AIR 2017 SC 1904

In the instant case, the injuries caused were the result of blow with a small Kirpan
and it cannot be presumed that the Accused had intended to cause the inflicted
injuries. The number of wounds caused during the occurrence is not a decisive
factor but what is important is that the occurrence must have been sudden and
unpremeditated and the offender must have acted in a fit of anger. Of course, the
offender must not have taken any undue advantage or acted in a cruel manner. It is
clear from the materials on record that the incident was in a sudden fight and we
are of the opinion that the Appellant-accused had not taken any undue advantage or
acted in a cruel manner. Where, on a sudden quarrel, a person in the heat of the
moment picks up a weapon which is handy and causes injuries, one of which
proves fatal, he would be entitled to the benefit of this Exception provided he has
not acted cruelly.

If there is intent and knowledge then the same would be a case of Section 304 Part
I and if it is only a case of knowledge and not intention to cause murder and bodily
injury then the same would fall Under Section 304 Part II. We are inclined to the
view that in the facts and circumstances of the present case, it cannot be said that
the Appellant-accused had any intention of causing the death of the deceased when
he committed the act in question. The incident took place out of grave and sudden
provocation and hence the Accused is entitled to the benefit of Section 300
Exception 4 of the Indian Penal Code.

Held that the appropriate conviction of the Appellant-accused would be Under

Section 304 Part II Indian Penal Code instead of Section 302 Indian Penal Code.