Principles for clarified for determination of culpable homicide, or, murder. Significance of use of the word “likely” in several places in S. 299 and absence thereof in S. 300, explained. The use of the term “likely” in several places in respect of culpable homicide, highlights the element of uncertainty that the act of the accused may or may not have killed the person. Section 300 IPC which defines murder, however refrains from the use of the term likely, which reveals absence of ambiguity left on behalf of the accused. Considering the statutory provisions laid down in IPC and the law on the point, we find that the present case falls into the category of a culpable homicide not amounting to murder falling under section 304 PartII IPC for the following reasons:
(i) There was no premeditation of mind to commit murder.
(ii) All the accused were admittedly not armed when they stopped the vehicle of the deceased and his friends and compelled them to alight from the same.
(iii) It was during the verbal altercation at that stage that the three accused picked up the weapon of assault namely, sticks of casuarina tree and a brick from the road side.
(iv) Single blow was given to the deceased by the accused nos.1 and 2.
(v) The case set up for exhortation to kill the deceased has not been found to be proved.
(vi) Both the groups consisted of young men.
(vii) The High Court found that there was no unlawful assembly formed with a common object and accordingly had acquitted three other accused and also the present appellants from the charge of unlawful assembly under section 149 IPC.
(viii) The appellants have been convicted with the aid of section 34 IPC.
[Ajmal v. State of Kerala, (2022) 9 SCC 766]