A by shooting at fowl with intent to kill and steal it kills B who is behind the bush not knowing that B was there. What is the offence committed by A?

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  • A by shooting at fowl with intent to kill and steal it kills B who is behind the bush not knowing that B was there. What is the offence committed by A?
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Answer:

A is not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.

 

Sec. 299 IPC reads –  ‘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’.

 

In the given problem, though A was doing an unlawful act of attempting to theft, he is not guilty of culpable homicide, as (i) he did not cause death by doing an act with the intention of causing B’s death or (ii) with intention of causing such bodily injury as is likely to cause B’s death or (iii) with the knowledge that he is likely by such act to cause B’s death.

Here, A  is not guilty of culpable homicide.

Last Updated On January 30, 2018
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