Source: Gujarat High Court

Why in News?

Recently, the Gujarat High Court in the matter of State of Gujarat v. Prakash @ Piddu MithuBhai Mulani & Ors. has held that a single injury resulting in death can be categorized as murder under the provisions of clause 3 Section 300 of the Indian Penal Code, 1860 (IPC).

What was the Background of State of Gujarat v. Prakash @ Piddu MithuBhai Mulani & Ors. Case?

• The present appeal has been preferred before the Gujarat High Court by the appellant (the State) challenging the judgment and order passed by Additional Sessions Judge, Kachchh-Bhuj whereby the respondents have been acquitted for the offence punishable under Section 302 of IPC.
• It is reported that accused no.2 – Raju Mithubhai Mulani has already passed away, and therefore, the appeal is only confined to the accused no.1-Prakash @ Piddu Muthubhai Mulani.
• The State had argued that the Trial Court had overlooked crucial pieces of evidence, such as the dying declarations, the accused's surrender with the weapon, and forensic reports confirming the presence of the deceased's blood on the knife.
• The High Court convicted the accused Prakash @ Piddu Mithubhai Mulani for committing the murder of the deceased and the incident satisfies the provisions of Section 300 of the IPC.

What were the Court’s Observations?

• A bench comprising Justices AS Supehia and MR Mengdey observed that where the prosecution proves that the accused had intention to cause death of any person or to cause bodily injury to him and the intended injury is sufficient in the ordinary course of nature to cause death, then, even if he inflicts a single injury which results in the death of the victim, the offence squarely falls under clause 3 of Section 300 of IPC unless one of the exceptions applies.
• The Court further underscored the differences between Section 300, which pertains to murder, and Section 299, which addresses culpable homicide. It emphasized the pivotal role of intent and knowledge, emphasizing that a solitary injury could qualify as murder if it is objectively lethal, and the accused was conscious of the associated risk.
• Furthermore, the Court clarified that even if the intent aligns with specific categories, the offense could be reclassified as culpable homicide if it satisfies any of the five exceptions specified in Section 300.

What are the Relevant Legal Provisions Involved in it?

• Section 300, IPC:
  • This section deals with murder.
  • It states that except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or—
  • (Secondly)—If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or—
  • (Thirdly) —If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be in­flicted is sufficient in the ordinary course of nature to cause death, or—
  • (Fourthly) —If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.
  • There are certain exceptions such as:
    • Culpable homicide is not murder if the offender is deprived of the power of self-control by grave and sudden provocation and causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. This exception is subject to the following provisos:
    • Provocation is not sought or voluntarily pro­voked by the offender.
    • Provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exer­cise of the powers of such public servant.
    • Provocation is not given by anything done in the lawful exercise of the right of private defence.
  • Culpable homicide is not murder if it is in the exercise of the right to private defence.
  • Culpable homicide is not murder if it is done by the public servant acting in good faith.
  • Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel.
  • Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.
• Section 299, IPC:
  • This section deals with Culpable homicide.
  • It states that whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.