Supreme Court · 2007 INSC 74 · Decided 24 January 2007
Shri Harendra Nath Borah v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2007 INSC 74 · [2007] 1 S.C.R. 1211
- Case number
- CRIMINAL APPEAL No. 107/2007
- Decided
- 24 January 2007
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 299, 300, 304
Headnote
B Indian Penal Code, 1860. Sections 299 & JOO-Distinction between 'murder' and culpable homicide not amounting to 'murder '-Held, in the scheme of /PC culpable C homicide is genus and 'murder' its specie-All 'murder' is 'culpable homicide' but not vice-virsa- 'Culpable homicide' sans special altered from Section 302 to Section 304 Part /. Sections 299(b) & 300(2)-Distinction-Held, the 'intention to cause death' is not an essential requirement of Section 300(2)-/ntention of causing bodily injury coupled with offender's knowledge of the likehood of such injury causing death of
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