JUDGMENT

GYAN SUDHA MISRA, J.

1. The Indian Penal Code was enacted in the year 1860 under which the offences within the territory of India have been tried ever since it was enacted dealing with countless number of cases leading either to acquittal or conviction. Yet, the task of the decision making authorities/courts whether an offence of culpable homicide is murder or culpable homicide does not amount to murder in the prevailing facts and circumstances of the case is a perennial question with which the courts are often confronted.

2. We are well aware in view of Section 300 of the I.P.C. that all murders are culpable homicide but all culpable homicide does not amount to murder and this leads the courts quite frequently to consider as to whether an accused charged of an offence of culpable homicide is guilty of murder or he has committed culpable homicide not amounting to murder. When the evidence discloses a clear case of murder or makes out a finding of culpable homicide not amounting to murder, the task of the courts to record conviction or acquittal is generally an easy one. But this task surely becomes an undaunted one when the accused commits culpable homicide/murder but the cir