Culpable homicide
There is a radical difference between the offence of culpable homicide and murder. The causing of death is common to both offences. The penal code regards culpable homicide as a generic crime and makes murder a special offence, falling under the general category of culpable homicide. In other words every culpable homicide should either be a murder or a culpable homicide not amounting to murder. Culpable homicide (C.H.)is is defined in section 293 ,according to that it requires an act that ends with causing of death of another person. This section emphasised 3 mental elements.
1. Doing an act with the intention of causing death.
2. Doing an act with the intention of causing such bodily injury as is likely to cause death.
3. Doing an act with the knowledge that he is likely by such act to cause death.
The intention to cause death and intention to cause bodily injury is determined by matters of fact.
Eg:-
*if a man cuts the throat of another with a scythe ,that time intention is clear, that he did that act with the intention to commit that murder.
*but if one person hits another with a club, and that person dies as a result of the blow, it might be difficult to prove the intention.
In terms of section 293 if a person causes death of another it would be culpable homicide.
To determine whether such culpable homicide is murder or a culpable homicide not amounting to murder, we have to pay attention on the explanations in section 293.
Explanation-01 Acceleration of death
*Causing bodily injury
*To a person labouring under a dieses, disorder or infirmity.
*There by accelerates the death.
*Deemed to have caused the death.
Explanation-02 Absence of proper remedies.
*Death due to bodily injury.
*Even through proper remedies and skilful treatments have.
*Prevented the death.
*Deemed to have caused the death.
Explanation-03 Unborn children.
*Child in mother’s womb causing death is not homicide.
*If any part of the child is brought forth.
*Even though the child has not breathed or completely born.
*Causing death of a living child.
*May amount to causing culpable homicide
MURDER
According to the section 294 of the penal code, causing death of a person is regarded as a murder. All murders are included in culpable homicide. Therefore all methods laid down in section 294 should also be stated in section 293.therefore if a person commits the death of another person according to one of the methods described in section 294 he commits murder. If the death of that person caused in the manner not laid down in the section 294,but it is still within the range stated in section 293.it is regarded as culpable homicide not amounting to murder.
The ways in which a murder could be committed in terms of section-294
1. if a act by which the death is caused with the intention of causing death.
Here in this situation the mental element is intention.the intention to cause death should be determined by the facts of the circumstances.
Eg:-
Weapon used the number of injuries caused, the force used to cause these injuries should all be taken in to account to prove the intention to commit murder.
In some situations words spoken the during the time of committing the act is also considered
Eg:-shooting at a person’s chest with a gun
Stabbing a person’s chest several times with a knife
The first limb of the section 294 is similar to the 1st part of section 293 which states that ‘’By doing an act with the intention of causing death’’
If its done with the intention of causing such bodily injury as an offender knows to be likely to cause the death of the person to whom the harm is caused.
This death with the situation of causing his death with bodily injuries that is likely to cause such person’s death.
In this situation the person who subjected to bodily injuries is not a normal healthy person, but rather a person suffering from a physical disability The injuries caused are not sufficient to cause the death of a normal healthy person. however the offender in this instance knowing that the victim is suffering from physical disability and causes bodily injury and he knows that it would be likely to cause the death of the person to whom such harm is caused.
In case king vs kolonda a similar situation was discussed.
In this case the person died due to a slight kick which would otherwise a not cause the death of a normal person.
It was latter revealed that he dies out of the bursting of the spleen and he had a enlarged spleen. However the defendant was not aware of this then the court held that this does not fall under the 2nd limb of section 294 but he should be guilty of causing grievous hurt.The 3rd limb of section 294 has been subjected much discussion.This should be compared with the 2nd part of section 293.
The 3rd of the section is as follows:
‘’Injury sufficient, in the ordinary causes of nature to cause death’’
2nd part of the section 293 status;
‘’Injury likely to cause death’’
Both these instances mean the causing of two different injuries. As stated in section 294 if a person who with the intention of causing bodily harm which is sufficient in the ordinary course of nature to cause death. Causes the death in this manner laid down in section 294 is guilty for the offence of murder. A person who with the intention of causing injury which is likely to cause death causes, causes the death of another by such injury is guilty of culpable homicide not amounting to murder.
It is important to distinguish between these two injuries. This was discussed in
King vs Mendis Gratien J. Who examined the difference between these two injuries held that ‘bodily harm which is sufficient in the ordinary course of nature to cause death are injuries which have a very a high tendency/probability to cause death.
(Limb 3 of section 294)Although injuries likely to cause death as described in the 2nd part of section 293 may result in a death, the probability of such injuries causing death is not high.
It should be remembered that even if the injury is ‘’bodily harm ‘which is sufficient in the ordinary cause of nature to cause’’ (294 3rd limb) or if is an injury likely to cause death’’ (part 2of section293) both injuries could result in causing the death of the injured person. Also in both situations the injured party could be saved from dying by medical treatment.
However in certain instances the doctors describes that certain injuries would definitely result in the death of the injured person such injuries do not fall into these two categories.
Eg:- injury that divides the brain into two.
It is important to remember the situation in the 4th limb of section 294 .it is the only instance in which a person could be found guilty for the offence of murder on the bases of knowledge.(the mental element being knowledge)in terms of this section a high degree of knowledge is necessary to comment such a murder.
One should keep in mind that this section deals with a high degree of knowledge.
Therefore the risk of death occurring should be very high. In this situation the offender does not have the intention to cause the death. However he/she should be of a high degree. Therefore there is no excuse for the committing of such act.
Normally the charge of murder is not brought in a case relating to an accident. But in the ‘’Gangalder Train Accident Case ‘the driver who was the defendant was accused of murder under the 4th limb of section294.
Section 294 lays down the methods according to which a murder is caused. Therefore if a person causes the death of another in any of these methods that is regarded as murder. However these provisions are subject to certain exceptions;
In a situation where such exceptions apply even if the death of a person is accused in any of the methods in section 294 by reason of that exception the offender would be found guilty for culpable homicide not amounting to murder.
