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The difference between murder and culpable homicide is difficult, the Supreme Court observed while reducing the punishment of the person

हत्या और गैर इरादतन हत्या के बीच अंतर मुश्किल, शख्स की सजा को कम करते हुए सुप्रीम कोर्ट ने की टिपण्णी

The Supreme Court said in a judgment that it is often difficult to differentiate between murder and culpable homicide. The bench, in its judgment, said that the cases of murder are punishable under section 302 of the IPC while the cases of culpable homicide are punishable under section 304 of the IPC.

Supreme court

Supreme court (Supreme Court) said on Wednesday that it is often difficult to differentiate between murder and culpable homicide. The court said that there is death in both but there is a slight difference of intention and information in both the crimes. The Supreme Court made this observation while reducing the sentence of a man convicted for the murder of a sub-inspector in Madhya Pradesh to the offense of culpable homicide not amounting to murder. A bench of Justices KM Joseph and S Ravindra Bhat in its judgment commuted the life sentence of the convict to 10 years imprisonment.

The bench, in its judgment, said that the cases of murder are punishable under section 302 of the Indian Penal Code (IPC) while the cases of culpable homicide are punishable under section 304 (culpable homicide not amounting to murder) of the IPC. The Supreme Court was considering the appeal of accused Mohammad Rafiq. In this appeal, the decision of the Madhya Pradesh High Court was challenged in which he was convicted and sentenced to life imprisonment for the offense of murder.

Difference between culpable homicide and murder

In its judgment, the Supreme Court said that the use of the word ‘possibility’ in many places in relation to culpable homicide shows uncertainty. It states that Section 300 of the IPC defines murder, although it refrains from using the word probable. “It is often difficult to differentiate between culpable homicide and murder as both result in death. Yet, there is a subtle difference of intent and information involved in both the offences.

SI died after being pushed by truck driver

The bench said that according to the prosecution, the police had received information on March 9, 1992 that a truck had broken the barrier of the forest department and it collided with a motorcycle. The prosecution alleged that the police team was alerted and Sub-Inspector DK Tiwari was posted at the place along with several policemen. The prosecution claimed that when the truck reached there, the SI tried to stop the truck, which was being driven by the accused, but it accelerated. Police said that the SI climbed the truck to stop it but the accused pushed him, due to which he fell from the vehicle and died.

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