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1866 Supreme(Cal) 46

Queen – Appellant
Versus
Gorachand Gope – Respondent


JUDGMENT

Sir Barnes Peacock, Kt., C.J. - There are, in my opinion, several important distinctions between murder and culpable homicide; an offence cannot amount to murder, unless it falls within the definition of culpable homicide, for s. 300 merely points out the cases in which "culpable homicide is murder." But an offence may amount to culpable homicide without amounting to murder. Culpable homicide is not murder, if the case falls within any of the exceptions mentioned in s. 300. The causing of death by doing an act with the intention of causing death is culpable homicide. It is also murder, unless the case falls within one of the exceptions in s. 300. Causing death with the intention of causing bodily injury to any person if the bodily injury intended to be inflicted is sufficient, in the ordinary course of nature, to cause death, in my opinion, falls within the words of s. 299-- "with the intention of causing such bodily injury as is likely to cause death," and is culpable homicide. It is also murder, unless the case falls within one of the exceptions; see s. 300, cl. 3. Causing death by doing an act with the knowledge that such act is likely to cause death is culpable homicide

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