Multiple choice

Fact: About a year before the date of occurrence, Bachhan Singh, son of the deceased, had caused a severe injury on the leg of one Pritam Singh resulting in the amputation of leg of one appellant. Father of Pritam Singh harboured a grudge against Bachhan Singh and his father. On one day, the appellant and his associate caught hold of the deceased (father of Bachhan Singh) and inflicted as many as 18 injuries on the arms and legs of the deceased with a gandasa. Issue: The accused are guilty of murder or culpable homicide.

  1. It is culpable homicide not amounting to murder.

  2. It is murder

  3. It is neither murder nor culpable homicide.

  4. It is a case of grievous hurt.

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A Correct answer
Explanation

The key distinction between murder and culpable homicide here lies in intention. The accused inflicted 18 injuries on arms and legs (not vital organs), which suggests they intended to cause injury rather than kill. This was likely retaliation for a past grievance (amputation of leg). The absence of injuries to vital parts of the body indicates lack of intention to cause death, making it culpable homicide not amounting to murder under Exception 1 to Section 300.