Multiple choice

Fact: In a case, there was bad blood between the two factions and they were involved in number of incidents and criminal proceedings. On one day, deceased (belonging to one faction) was followed by members of other faction when the deceased, a 55 year old man, tried to ran away, he was not allowed by the accused who indiscriminately pounded the legs and arms of his by heavy sticks and continued the beating till he became unconscious. The accused than left the spot. The doctor found as many as 19 injuries out of which no less than 9 were (Internally) found to be grievous. The doctor gave the opinion that the injuries were cumulatively sufficient to cause death in the ordinary course of nature. Issue: The offence committed is murder or culpable homicide.

  1. The offence is murder as the fact of the case shows that the infliction of 19 injuries are sufficient the cause of death in the ordinary cause of nature.

  2. It is culpable homicide. because the intension of the accused is missing.

  3. It is neither murder nor culpable homicide.

  4. It is a case of simple fight.

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A Correct answer
Explanation

The distinction between murder and culpable homicide often hinges on the intention to cause death. Here, the accused inflicted 19 injuries, including 9 grievous ones, and continued beating until the victim became unconscious. The indiscriminate nature of the assault, targeting legs and arms, combined with the severity and number of injuries, clearly indicates an intention to cause death or bodily injury likely to cause death. This meets the legal standard for murder.

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