On the fateful day, the quarrel ensued between the appellant’s mother and wife. The wife went in search of the appellant and found him heavily drunk with his friends. She escorted him back. He fell fast asleep and when he woke up, he found his wife hanging. There is also mention about ill-treatment given by the appellant to his wife in front of his friends and it is thereafter in the night the act of the appellant throttling her took place.

If the act which caused the death and which is culpable homicide is done with the intention of causing death, then it would be murder. This is however subject to the act not being committed in circumstances attracting any of the five Exceptions. The appellant’s contention that it would be culpable homicide not amounting to murder and reliance placed on the words “done with the intention of causing death” in section 304 Part I is wholly meritless. The act of the appellant in the facts of this case clearly shows that he has throttled his wife. None of the Exceptions to section 300 are attracted. The act amounts to murder within the meaning of Section 300 IPC.

(2020) 3 SCC 115- Paull v State of Kerala

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