CULPABLE HOMICIDE (SECTION 299 @IPC)

299. Culpable homicide.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. Illustrations
1. A lays sticks and turf over a pit, with the intention of thereby
causing death, or with the knowledge that death is likely 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.
2. 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 Zs 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.
3. A, by shooting at a fowl with intent to kill and steal 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
to 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 child in the
mothers 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.

PUNISHMENT FOR CULPABLE HOMICIDE (SECTION

304@IPC)

Whoever commits culpable homicide not amounting to murder

shall be punished with imprisonment for life, or imprisonment of
either description for a term which may extend to ten years, and
shall also be liable to fine, if the act by which the death is caused
is done with the intention of causing death, or of causing such
bodily injury as is likely to cause death;
Or with imprisonment of either description for a term which may
extend to ten years, or with fine, or with both, if the act is done
with the knowledge that it is likely to cause death, but without
any intention to cause death, or to cause such bodily injury as is
likely to cause death.

OFFENCE
1. Culpable homicide not amounting to
murder. If act by which death is caused
is done with intention of causing
death.etc.
2. If act is done with knowledge that is
likely to cause death, but without any
intention to cause death.etc.

PUNISHMENT
1. Imprisonment for life or 10 years+fine

2. 10 years or Fine or Both

ESSENTIAL ELEMENTS OF CULPABLE HOMICIDE:1) Causing of death of a human being.

2) Such death must have been caused by an act
i)With the intention of causing death; or
ii)with the intention of causing such bodily injury as is likely
to cause death; or
iii)with the knowledge that the doer is likely by such n act to
cause death.
CASES RELATED TO CULPABLE HOMICIDE
1. Aarushi talwar case
2. Salman khan hit and run case
3. Reg v/s Govinda case
NOIDA DOUBLE MURDER (aarushi talwar)
FACTS OF THE CASE:This case refers to the murder of 14-year-old aarushi
talwar and 45-year-old Hemraj, a domestic worker, employed
by her family in Noida, India. The two were killed on the
night of 1516 May 2008 at Aarushi's home.
When aarushi.s body was discovered o 16th may, the missing
servant Hemarj was considered as the main suspect.
However the next day, his partially decomposed body was
discovered on the terrace. The police were severely criticized
for not securing the crime scene immediately. After ruling
out the ex-servats of talwar family, police considered
aarushis parents Rajesh and Nupur Talwar as prime
suspects.
Later the case was transferred to CBI which exonerated the
parents and suspected the talwars assistant Krishna along
with Rajkumar and Vijay.

Based on narco interrogation conducted on the three men,

CBI suspected that they had killed Aarushi after an
attempted sexual assault, and hemraj for being witness. The
CBI was accused of using dubious methods to extract a
confession, and all three men were released after it could not
find any solid evidence against them.
In 2009 the CBI handed over to a new team, which
recommended closing the case to critical gaps in the
evidence. Based o circumstantial evidence, it named Rajesh
Talwar as sole suspect, but refused to charge him due to lack
of any hard evidence. The parents opposed the closure,
calling CBIs suspicion on Rajesh as baseless. Subsequently,
a court rejected CBIs claim that there was not enough
evidence and ordered proceedings against talwars. In
November 2013 the parents were convicted and sentenced
to life imprisonment.

SALMAN KHAN HIT AND RUN CASE:-

On 28 September 2002, Khan was arrested for rash and negligent

driving after his car ran into a bakery in Mumbai; one person who
was sleeping on the pavement outside the bakery died and three
others were injured in the mishap. Charges of culpable
homicide were laid against him, but later dropped. On 24 July
2013, he was formally charged with culpable homicide in the
case, to which he pleaded not guilty.

Salman had called the 2002 incident an unfortunate incident

beyond his control, such as an act of God.

On May 2, a court held Salman prima facie guilty of culpable

homicide not amounting to murder and rejected his plea to drop
the charge before framing charges against him.

On 6 May 2015, Khan was found guilty of all charges in the case.
The Bombay sessions court concluded that Salman Khan was
driving the car under the influence of alcohol causing the death of
one and serious injury to four homeless persons. Sessions judge
DW Deshpande convicted the actor for culpable homicide not
amounting to murder and sentenced him to five years in prison.
Later on same day, Salman Khan, being represented by Senior
Counsel Amit Desai was granted bail by the Bombay High
Court till 8 May 2015,on which the court suspended his prison
sentence until the final appeal hearing in July. His driver Ashok
Singh, who had given the testimony that it was him who was
driving the car at the time of accident, was charged with perjury
for misguiding the Court with false testimony and was
arrested. The kidnapping and eventual death of prime witness
Police Constable Ravindra Patil remains a mystery, with some
suspecting the involvement of organised crime In December
2015, Khan was acquitted of all charges from this case, due to
lack of evidence.

REG V/S GOVINDA:-

In this case the prisoner, a young man of 18, appears to have

kicked his wife, (a girl of 15) and to have struck her several times
with his fist on the back. These blows seem to have caused her no
serious injury. She, however, fell on the ground, and I think that
the evidence shows that the prisoner then put one knee on her
chest, and struck her two or three times on the face. One or two
of these blows, which, from the medical evidence, it was belived
to have been violent and to have been delivered with the closed
fist, took effect on the girl's left eye, producing contusion and
discoloration. The skull was not fractured, but the blow caused an
extravasation of blood on the brain, and the girl died in
consequence either on the spot, or very shortly afterwards. On
this state of facts the Sessions Judge and the assessors have
found the prisoner guilty of murder, and he has been sentenced
to death.

Courts opinion was that the offence is culpable homicide, and not
murder. There was no intention to cause death; nor that the
bodily injury was sufficient in the ordinary course of nature to
cause death. Ordinarily, it would not cause death. But a violent
blow in the eye from a man's fist, while the person struck is lying
with his or her head on the ground, is certainly likely to cause
death, either by producing concussion or extravasation of blood
on the surface or in the substance of the brain. A reference to
Taylor's Medical Jurisprudence (Fourth Edition, page 294) will show
how easily life may be destroyed by a blow on the head producing
extravasation of blood.

For these reasons it was held that the prisoner should be

convicted of culpable homicide not amounting to murder, and
sentence him to transportation for seven years.

INDIAN PENAL CODE

ASSIGNMENT

SECTION:299 CULPABLE HOMICIDE

SUBMITTED BY:
SUBMITTED TO:
MANSI(R15BL007)
MANISH SIR.
STRUTI(R15BL012)
MEGHANA(R15BL006).
Time

Activities

On 15 May 2008, Nupur Talwar worked at her Hauz Khas clinic during 9 am-1
pm. She picked up Aarushi from school at 1:30 pm and returned to their Jalvayu
Vihar apartment. Nupur's sister-in-law Vandana Talwar (wife of Rajesh's brother
Dinesh) joined them for lunch. Then Nupur and Vandana left, while Aarushi stayed
at home. Nupur worked at the Fortis Hospital from 4:30 pm to 7:00 pm. She
returned to the apartment around 7.30 pm.

Rajesh Talwar taught at the ITS Dental College from 8:45 am to 3:30 pm and
then attended patients at the Hauz Khas clinic till 8:30 pm.

Rajesh and his driver Umesh Sharma returned to Jalvayu Vihar around 9:30
pm.

Umesh dropped Rajesh in front of the apartment building and drove away to
park the car at the house of Nupur's parents, which was a walking distance away
(the Talwars did not have a garage).

Umesh returned to the Talwar residence around 9:40 pm to hand over the car
keys and Rajesh's bag to Hemraj, who had cooked the dinner for the family.

Umesh saw Nupur and Aarushi near the dining table, and Rajesh coming out
of his bedroom. He was the last known outsider to see Aarushi and Hemraj alive. [8]

According to the Talwars, after the dinner, they went to Aarushi's room, and
gave her a digital camera The camera had arrived earlier that day via courier

Before 9
pm (15
May)

9 pm - 10
pm

10 pm 11 pm

and had been received by Hemraj. Rajesh originally planned to give it to Aarushi
on her birthday (24 May), but Nupur persuaded Rajesh to give it to Aarushi that
day as an early birthday surprise.

11 pm 12 am

After
12:00 am
(16 May)

Aarushi clicked several photographs of herself and her parents, the last one at
10:10 pm.

Subsequently, Aarushi's parents retired to their room, while Aarushi remained

in her room.

According to the parents, around 11 pm, Rajesh asked Nupur to switch on

the internet router which was in Aarushi's room. When Nupur came to
Aarushi's room, the teenager was reading chetan bhagat 's book. Nupur
switched on the router and returned to her own room.

Around this time, Rajesh answered a call from the US on the landline phone
(kept in the couple's room). This indicates that the ringer was not silent.

Rajesh then surfed some stock market and dentistry websites, and sent an email. He visited an e-mail site at 11:41:53 pm: This is when the desktop and the
laptop show the last internet usage.

Around midnight, Aarushi's friend tried calling her on her mobile as well as the
Talwar residence's landline. The calls were not answered. Around 12:30 am, he
sent her an SMS message This message was not received by Aarushi's phone.

The Internet router was used for the last time at 12:08 am. Based on this, CBI
inferred that Rajesh was online until 12:08 am.

The exact sequence of events between the midnight and 6:00 am could not be
determined by the investigators with certainty According to their postmortem reports, Aarushi and Hemraj were killed somewhere between 12:00 am
and 1:00 am.

CASE DETAILS FROM 2002-2015

September 28, 2002: Salman's white-colour Toyata Land
Cruiser crashes into American Express Bakery at Hill Road at
Bandra killing one person and injuring four others.
September 28: Salman's blood samples taken.

September 28: Salman arrested by Bandra police, granted bail.

October 1, 2002: Salman booked under provisions of IPC, Motor
Vehicles Act, 1988, and Bombay Prohibition Act, 1949 Oct 2002:
Mumbai Police invokes section 304-II of IPC i.e culpable homicide
not amounting to murder which attracts punishment of jail term of
10 years.
October 7, 2002: Salman surrenders again before Bandra police,
he is arrested.
October 21, 2002: Mumbai police files charge sheet in Bandra
magistrate court.
October 24, 2002: Salman granted bail.
March 2003: Salman challenges application of section 304-II of
IPC in Mumbai sessions court.
May 2003: Sessions court rejects the plea, asks magistrate court
to frame charges.
June 2003: Salman moves Bombay High Court, which opines that
section 304-II of IPC not application in the case.
October 2003: Maharashtra government challenges Bombay HC
order in Supreme Court.
December 2003: SC rules that the magistrate court may decide
whether section 304-II of IPC could be applied.
October 2006: Magistrate frames charges against Salman.

October 3, 2007: Police bodyguard Ravindra Patil, who filed the

first FIR, dies of TB.
October 2011: Prosecution demands Salman must be tried
under harsher sections.
December 23, 2013: Additional Chief Metropolitan Magistrate V
S Patil, after examining 17 witnesses, invokes the charge of
culpable homicide not amounting to murder on the actor and
refers the case to sessions court for trial.
June 24, 2013: Sessions court holds that culpable homicide
charge is applicable, rejects Salman's appeal against the order of
magistrate.
April 27, 2014: Fresh trial begins in sessions court, first witness
deposes.
July 24, 2014: Charges framed against Salman in fresh trial by
sessions court.
July 2014: Files in the case disappear from Bandra police station.
Original statements of 63 witnesses reported missing.
Court orders inquiry.
September 12, 2014: Files found and produced before court.
September 2014: Pradeep Gharat appointed Special Public
Prosecutor in this case.
March 25, 2015: Prosecution closes evidence after examining 24
witnesses.

March 27: Salman's statement recorded under section 313 CrPC

by Additional Sessions Judge D W Deshpande.
March 31: Salman's driver Ashok Singh examined as defence
witness, says he was driving the car and not the actor.
April 1: Prosecution begins arguments.
April 10: Salman's lawyer begins arguments.
April 20: Arguments conclude.
April 21: Court says it would give judgement on May 6.
May 06, 2015: Salman Khan sentenced by a sessions court to
five years' rigorous imprisonment in the 2002 hit-and-run case,
but he swiftly moved the Bombay High Court which granted him
interim bail till May 8 to hear his appeal against conviction.
July 30, 2015: Arguments begin in Bombay High Court
August 25, 2015: Documents missing in paper book, claims
actor's lawyer
September 7, 2015: Don't hear Salman Khan's case out of turn,
murder convict pleads court
October 13, 2015: Evidence of eyewitness introduced at fag
end, says Salman Khan's lawyer
October 19, 2015: There was no evidence to prove that
Bollywood superstar Salman Khan had taken drinks and was
driving the car on the day in 2002 when it rammed into a bakery

in suburban Bandra, killing one and injuring four, his lawyer

argued in the Bombay High Court
October 29, 2015: Fingerprints not taken from steering wheel,
says defence lawyer
November 17, 2015: Driver came up to save Salman 13 yrs
after mishap, says prosecution
December 7, 2015: Bombay HC begins dictation of verdict
December 10, 2015: The Bombay High Court acquits Salman
Khan, while the state government contemplates whether to
appeal against the acquittal in the apex court.