Legal Question in Criminal Law in India
X wants to murder Y, whom he dislikes, by striking him on his head with a thick metal pipe. He strikes at Y with the pipe. However, just before the blow can strike Y’s head, Y jerks his head away. The blow strikes Y on his shoulder. Although Y sustains serious injury to his shoulder, he is not in mortal danger. Z, Y's friend, decides to transport Y to hospital. On the way to the hospital, Z’s car passes W’s car. Just as the two cars pass each other, a bomb which a terrorist had planted in W’s car, explodes. Y dies in the explosion which follows. X is charged with murdering Y. In his defence, X argues that his act was not the cause of Y’s death - in other words, X contends that there was not a causal connection between X's act and Y's death. what will the merits of my defence be?
1 Answer from Attorneys
till the time the bomb exploded, Y was alive.
So X will get the benefit of the bomb explosion and can not be charged with murder.
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