Note - See section 20A for the meaning of the word “likely”.
Illustrations:- (a) (“A”) lays sticks and turf over a pit with the intention of thereby
causing death or with the knowledge that death is to be thereby caused.
(“Z”) believing the ground to be firm treads on it, falls in and is killed.
(“A”) has committed the offence of culpable homicide.
Note:- And see illustration (a) to section 248.
(b)
(“A”) knows (“Z”) to be behind a bush. (“B”) does not know it.
(“A”) intending to cause or knowing it to be likely to cause (“Z’s”) death
induces (“B”) to fire at the bush. (“B”) fires and kills (“Z”). Here (“B”)
may be guilty of no offence, but (“A”) has committed the offence of
culpable homicide.
Note:- and see illustration (a) to section 248.
(c)
(“A”) by shooting at a fowl with intent to kill it kills (“B”), who is
behind a bush, (“A”) not knowing that he was there. Here, although (“A”)
was doing an unlawful act, he was not guilty of culpable homicide as he
did not intend to kill (“B”) or cause death by doing an act that he knew
was likely to cause death.
Explanation 1:- A person who causes bodily injury to another who is labouring
under a disorder, disease or bodily infirmity and thereby accelerates the
death of that other, shall be deemed to have caused his death.
Explanation 2:- Where death is caused by bodily injury, the person who causes
such bodily injury shall be deemed to have caused the death, although by
resorting to proper remedies and skilful treatment the death might have
been prevented.
Explanation 3:- The causing of the death of a child in the mother’s womb is not
homicide. But it may amount to culpable homicide to cause the death of a
living child, if any part of that child has been brought forth, though the
child may not have breathed or been completely born.
Section 247 - “Culpable Homicide”: Culpable homicide is of two kinds:
(1) culpable homicide amounting to murder hereinafter called “murder”; and
(2) culpable homicide not amounting to murder.
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