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Legal Aptitude 2 (Criminal Law)
Fact: The appellant Virsa Singh Thrust a spear in the abdomen of the deceased with such force that it penetrated the bowels and three coils of the intestines came out of the wound. The doctor who conducted the post mortem said that the injury was sufficient to cause death in the ordinary course of nature.
Issue: The accused are guilty of murder of culpable homicide.
This case involves the distinction between murder (Section 300) and culpable homicide (Section 299) of IPC. The key test is whether the injury is 'sufficient to cause death in the ordinary course of nature' combined with intention. Here, thrusting a spear with such force that it penetrates bowels and causes intestines to protrude clearly indicates intention to cause death or knowledge that such injury would likely cause death. This satisfies the requirements for murder under Section 300.