Section 248 - “Murder Defined”: Except in the circumstances mentioned in section 249, culpable homicide is murder:(a) if the act by which the death is caused is done with the intention of causing death; or (b) if the doer of the act knew that death would be the probable and not only a likely consequence of the act or of any bodily injury which the act was intended to cause. Explanation:- Whether death was the probable or only a likely consequence of an act or any bodily injury, is a question of fact. Note – See sections 20A and 20Bfor the meanings of the words “likely” and probable. Illustrations – (a) In illustrations (a) and (b) to section 246, if (“A’s) act is done with the intention of causing death the offence is murder. If it is done with the knowledge that death is likely to be thereby caused, the offence will be either murder or culpable homicide not amounting to murder according to whether death was the probable consequence (murder) or only a likely consequence (culpable homicide not amount to murder) of (“A’s”) act. (c) (“A”), knowing that (“Z”) is labouring under such a disease that a blow would probably cause his death, strikes him with the intention of causing bodily injury, (“Z”) dies in consequence of the blow. (“A”) is guilty of murder, although the blow might not have been sufficient to cause the death of a person in sound state of health. But if (“A”), not knowing that (“Z”) is labouring under any disease, gives him such a blow as would not ordinarily kill a person in a sound state of health, here (“A”) is not guilty of murder unless he intended to cause death or such bodily injury as would probably cause death; and if the blow was not likely to cause death he would not be guilty of culpable homicide at all but might be punishable under section 254. (d) (“A”) fires a loaded cannon into a crowd of persons and kills one of them. (“A”) is guilty of murder, although he may not have had a premeditated design to kill any particular individual. Section 249(1)- “When Culpable Homicide is not Murder”: (1) Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of any other person by mistake or accident. Explanation:- Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. 69