Supreme Court of India
Shri Harendra Nath Borah v. State of Assam
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From the headnote
Indian Penal Code, 1860. Sections 299 & JOO-Distinction between 'murder' and culpable homicide not amounting to 'murder '-Held, in the scheme of /PC culpable homicide is genus and 'murder' its specie-All 'murder' is 'culpable homicide' but not vice-virsa- 'Culpable homicide' sans special characteristics of murder is 'culpable homicide not amounting to murder'- In the facts, conviction 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
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