Multiple choice

Fact: A struck violent blows on the head and shoulders of a woman who was carrying an infant child in her arms. One of the blows feel on the child and killed it while the woman received simple injuries. Discuss the liability of A. Issue: What offence, if any, has been committed?

  1. The accused is guilty of murder.

  2. A is liable for causing simple hurt to the women under Section 323 but would be liable under Section 304 - A for causing death of the child by his rash and negligent act. A knew that the women was crying the child in her arms and his blows might hit the child. Thus, he ought to have taken care

  3. Guilty of culpable homicide.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

A struck violent blows at a woman carrying an infant. The woman received simple injuries, but one blow hit and killed the child. A is liable for causing simple hurt to the woman (Section 323). For the child's death, A is liable under Section 304A (causing death by rash or negligent act) - not murder or culpable homicide, because A did not specifically intend to kill the child. However, A knowingly took the risk by striking violently at someone carrying a vulnerable infant, constituting rashness.

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