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N.K.Assumi (Advocate)     22 April 2009

Grievous hurt or Murder? or Culpable Homicide not amounting

A and B had a quarrel and out of provocation by B, A hit him so hard on the head and B fell down unconscious. A thingking that B is death hang him high in the air to make out a case of sucide. B actually died of hanging notr by hitting on the head. What can be the charge against A under the IPC?



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 3 Replies

Shashwat Shukla (Advocate)     22 April 2009

A  shall be prosecuted under Section 302 IPC because in post mortem report the cause of death shows asphexsia as a result of hanging.   

A V Vishal (Advocate)     23 April 2009

Section 299. Culpable homicide

Who ever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
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A V Vishal (Advocate)     23 April 2009

Section 335. Voluntarily causing grievous hurt on provocation: -
 

Whoever 1[voluntarily] causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to four years or with fine which may extend to two thousand rupees, or with both

Explanation: - The last two sections are subject to the same provisos as Explanation 1, section 300.

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