Principle: Whoever causes death by doing an act with the intention of causing death, commits the offence of culpable homicide. However, a person is guilty of culpable homicide amounting to murder if the act by which the death is caused is done with the intention of causing death.
Factual Situation: Saurab, had a serious argument with his wife. The woman uttered some filthy words at Saurab, which further irritated him. He moved towards the woman with a wooden piece to beat her. Suddenly, their daughter who was sleeping in the room woke up and ran towards her mother. Saurab's blow fell on the child's head and she fell down unconscious. The couple believed that their daughter died due to the blow.
Saurab immediately took out a rope and hung her by the neck on to the ceiling fan to give the impression that the girl committed suicide as she failed in the Class X examination. When the rope got tightened the child cried, but died immediately due to asphyxiation.
A. Saurab is guilty of murder of his daughter as he hung her by the neck which resulted in her death
B. Saurab and his wife are both guilty of the murder of their daughter
C. Saurab is guilty of culpable homicide as he thought that his daughter had already died and he believed that he was only hanging a dead body
D. Saurab is guilty of grievous hurt as the lathi blow was the basic reason of the child's death
Answer: Option C
Solution (By Examveda Team)
Definition of Culpable Homicide and Murder:Culpable homicide is the causing of death by an act with the intention of causing death or with the knowledge that the act is likely to cause death. Murder is a type of culpable homicide where the act causing death is done with the intention of causing death.
Analysis of the Factual Situation:
Saurab initially hit his daughter with a wooden piece, causing her serious injury. He then, believing she was already dead, hanged her. The initial act, even if unintentional in terms of killing the daughter, caused grievous hurt. The second act, hanging the child, was done with the intention of making it look like a suicide. Even if he believed the child was already dead, this belief was mistaken.
Why Option A is Correct:
Saurab is guilty of murder. The principle clearly states that intention to cause death is necessary for murder. While the initial blow might not have had the intention to kill, the act of hanging the daughter, regardless of his belief that she was already dead, demonstrates his intention to cause her death (by staging a suicide to cover up the initial assault). The subsequent death due to asphyxiation directly resulted from this intentional act.
Why other options are incorrect:
Option B: While the wife may be an accomplice in covering up the crime (by potentially helping to stage the suicide), she did not directly cause the death. The primary responsibility for the murder lies with Saurab.
Option C: This is incorrect because Saurab's belief that his daughter was already dead is irrelevant. His act of hanging her, regardless of his mistaken belief, was done with the intention of causing death (or at least causing the appearance of death which eventually led to death). The act itself, in the end, resulted in death through asphyxiation.
Option D: While the initial blow caused grievous hurt, this alone does not encompass the entire crime. The hanging of the daughter, an act with the intention of causing death (even if misconstrued), constitutes murder. The initial injury was a contributing factor but does not supersede the clear intention demonstrated in the second act. The death is directly attributable to the act of hanging, which was done with intent.
case of the fact relates to palani goundan v emperor 1919, and the act will amount to Grievous hurt.