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Arpit Kaushik (Lawyer)     06 June 2020

Is it offense.?

A wants to kill B . But when A goes to kill B.. B already died with heart attack. but A doesn't know that B has been dead. And A stub a knife again and again. So here. Did A commit offense. If A commits offense than whicg sec. has been applied in this offense.


 4 Replies

Deeksha Chugh   06 June 2020

The person can be held liable for culpable homicide amounting to murder defined under section 300 of the Indian Penal code.

You can refer to Behari And Ors. vs State AIR 1953 All 203 for better understanding.

The Allahabad HC in this case observed that," The question in such cases is not concluded by any amount of reasoning from the mere fact that the injury caused did in fact result in death. What one has to see, is, first what degree of injury did the man intend, and secondly, what did he know as to the consequences of such injury. "

Arpit Kaushik (Lawyer)     07 June 2020

Thankuuu Sir

P. Venu (Advocate)     07 June 2020

It appears you are setting test papers.

Dr J C Vashista (Advocate)     08 June 2020

@ Mr. P Venu  

Noting new for such question papers being posted in this site now-a-days, which are not being filtered by Admin L C I.

Thanks & Regards

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