Legal Question in Criminal Law in India

Accused and Deceased a fight in between them, started with abusing, and finished with slap, after which accused ran away.

Accused was drunk.

Due to bad health (Heart Issue and BP) deceased started feeling uneasy and breathlessness and had a glass of water, and demanded for rest with his family members.

His situation could not get into control for next 10-15 minutes and then family decided to rush him to the hospital, where he was declared BROUGHT DEAD.

There is no sign of injury on the body of deceased as no weapon or alike thing was used during this fight (limit to slaps only).

Postmortem done and body cremated, but postmortem report is still pending and will take some time.

Accused has been transferred to Tihar.

May I kindly request you to please suggest some case laws going in favor of accused as deceased was alive even after fight and it seems that due to passive health reasons he succumed to death.

would await for the kid advise.


Asked on 6/11/16, 1:27 am

1 Answer from Attorneys

1) Culpable homicide turn into murder if the act by which the deaths is caused is done with the Intention of Causing death.

2) 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 deaths or such injury.

3) Illustration

A, knows that Z is suffering such a disease that a blow is likely to cause his death, strike him with the intention of causing bodily injuries. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health.

4) In State of Rajashtan v/s Dhool Singh AIR 2004 SC 1264. SC held that � Culpable homocide becomes murder if the attacker cause an injury which he knows is likely to cause death and, of course, consequent to such injury the victim should die.

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Answered on 6/11/16, 1:40 am


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