Legal Question in Criminal Law in India

culpable homicide and murder

Ram died due to such act done repeatedly by shyam intentionaly (i.e.raised halla gulla before shyam.but it is to be remembered that shyam had already knowledge about the illness of Ram.the illness was that if any type of halla gulla is raised before ram then he could die.)

My question - will it be possible to prosecute to Shyam when shyam has a concreate defence that he no knowlegde about shyam's illness.My act of several halla gula was done only to create an environment of masti.


Asked on 1/18/05, 9:15 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: culpable homicide and murder

To prosecute, defence of an accused is of the relevance after he enters the same. The stage of entering defence, as contemplated by law, is after leading of prosecution evidence. Thus it is possible to prosecute Shyam, who may or may not be having any defence.

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Answered on 1/20/05, 6:11 am
Ajay Singh B.S.Jain & Associates

Re: culpable homicide and murder

You can prosecute him. But it is a good defence that he had no knowledge of the illness of Ram.At the stage of the trial several other facts would actually determine the mens rea of the accused. With these limited facts not much can be said.

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Answered on 1/20/05, 7:48 am


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