A and B were both security guards posted outside the home of a senior army officer Mr. X. They often used to exchange hot words with each other in one context or the other. On the day of Deepawali, both of them had a verbal exchange

Question: A and B were both security guards posted outside the home of a senior army officer Mr. X. They often used to exchange hot words with each other in one context or the other. On the day of Deepawali, both of them had a verbal exchange due to the fact that both wanted to go home early for the festival. That led to an altercation between the two. Both of them instantaneously aimed their revolvers at each other respectively.

C, who was also on duty with them intervened and pacified both of them. Both lowered their weapons respectively. The moment B noted that A had lowered his revolver, he immediately fired at A and killed him. On being tried, B was awarded the death sentence. However, on appeal, the High Court acquitted B on the plea of self-defence. The State intends to go in for an appeal against the decision of the High Court, Please advise in the light of the case law on the subject? [H.R.J. S. 2007]

Find the answer to the mains question only on Legal Bites. [A and B were both security guards posted outside the home of a senior army officer …..]

Answer

B is correctly held with the charge of murder of B. Section 300 defines murder with reference to culpable homicide defined in section 299. If the special requirements provided in cl1-4

of section 300 are fulfilled, the culpable homicide will then amount to murder, provided, of course, the act does not fall within any of the Exceptions provided in section 300.

Culpable homicide is murder under section 300 r/w section 299, IPC, if it is done with:

1. intention to cause death; or
2. intention to cause bodily injury knowing that the injury caused is likely to cause death, or
3. intention of causing bodily injury sufficient in the ordinary course of nature to cause death, or
4. knowledge that the act is: (a) imminently dangerous that in all probability it will cause death or bodily injury which is likely to cause death, and (b) done without any justification for incurring the risk of causing death or the injury.

One of the exceptions to section 300 says that Culpable homicide does not amount to murder, if it is committed, without premeditation, in a sudden fight in the heat of passion without taking any undue advantage or acting in a cruel or unusual manner.

However, In the present case, B fired at A knowing the fact that A has already put down his gun and noting the circumstances, B took undue advantage of the situation and fired at A. This shows the clear intention of B to kill A, knowing the probable consequences of his act that the death of A will be caused in all probability. Hence, B is guilty of murder.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. IPC Mains Questions Series Part I: Important Questions
2. IPC Mains Questions Series Part II: Important Questions
3. IPC Mains Questions Series Part III: Important Questions
4. IPC Mains Questions Series Part IV: Important Questions
5. IPC Mains Questions Series Part V: Important Questions
6. IPC Mains Questions Series Part VI: Important Questions
7. IPC Mains Questions Series Part VII: Important Questions
8. IPC Mains Questions Series Part VIII: Important Questions
9. IPC Mains Questions Series Part IX: Important Questions
10. IPC Mains Questions Series Part X: Important Questions