REG. v. GOVINDA

 


CASE COMMENT: REG. v. GOVINDA

Introduction:

An essential theory or concept under Criminal Law is the “Principle of Concurrence”. This principle states that just an act would not lead to an offence in general circumstances unless there is an exception to it. The Court stressed over the significance of“Section 300 of the Indian Penal Code (IPC), 1860” and interpreted its meaning. This case provides an exception, i.e., “Culpable Homicide not amounting to Murder”. The Lordship had put forth the distinction between “Section 299” and “Section 300” of the IPC. The Court held that the element of intention was absent. Both Section 299 and Section 300 possess the chief element of intention pertaining to causing of death.

“Section 299:A person commits culpable homicide, if the act by which the death is caused is done(a) With the intention of causing death;(b) With the intention of causing such bodily injury as is likely to cause death; (c) With the knowledge that the act is likely to cause death.

“Section 300:Subject to certain exceptions, culpable homicide is murder, if the act by which the death is caused is done (1) With the intention of causing death;(2) With the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused;(3) With the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death;(4) With the knowledge that the act is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death.[1]

Facts:

Govinda, the accused, kicked his wife and hit her many times on her back with his fists. The injuries sustained on her back were not that critical. But, when she fell down, Govinda kept one of his knees on her chest and hit her on the face. One of the hits by Govinda was proved to be vicious through medical authentication and it had a severe impact on his wife’s left eye, leading to discolouration and contusion. Even though her skull was not ruptured, the hit resulted in “extravasation of blood" on her brain and she passed away in a short stretch of time thereafter.

Case Analysis:

Petitioner's Contentions:

The petitioner’s skilled Counsel did not contest the idea that the Magistrate's action on October 6, 1958, corresponded to an implicit discharge with regard to the claimed offence under Section 322 of the IPC. Few of their complaints against the Sessions Judge's actions were grounded on misconception or false information about the circumstances. It was asserted that the entries in “C.R.P. 13” of 1958's docket failed to specify that the Magistrate had requested the records, and therefore the concernas to whether a Sessions Judge is authorised to issue an order under Section 436 of the Cr.P.C. without requesting the records arises.

Sri M. Lakshman Rao's argument as a representative of the petitioner was that under the new procedure outlined in Section 251-A of the Cr.P.C. for warrant cases initiated based on police reports, there is no inquiry but simply a trial by the Magistrate and that any order attempting to remand such a case under Section 436 for additional investigation can only be construed as an order for the case’s retrial and such an order is beyond jurisdiction because the Sessions Judge lacks the authority to order a new trial under Section 436.Additionally, the petitioner claimed that the respondent was in no way ignorant of the impending harm.

Respondent's Contentions:

The respondent argued that neither an intention to bring about death nor that the intended physical harm was adequate in the usual course of nature to result in death. Clauses (1) and (3) of Section 300 were mentioned by the respondent's legal counsel.The respondent further claimed that he was unaware that the injury of such a kind could result in the victim’s death.

Judgement: Melvill, J.

1. (a) under Section 299 and (1) under Section 300 demonstrate that murder is always committed when there is an intent to kill.

2. (c) and (4) are applicable in situations where there is not a deliberate attempt whichresults in death or serious harm. Furious driving and firing at a target close to a road would be examples of this interpretation. The extent of risk to life determines whether the act qualifies as culpable homicide or murder. If death is the most likely outcome, it is murder; if it is a likely outcome, it is culpable homicide.[2]

3. The main idea of (2) is that if the criminal knows that the victim is likely to die from an injury that would not normally cause death due to a peculiar constitution, immaturity pertaining to age or other special circumstances, then they have committed murder. The following is the example provided in the section: A strikes Z with the purpose to harm him even though he is suffering from an illness that makes a blow likely to result in his death. Z perishes as a result of the blow. Even though the strike might not have been strong enough to kill a healthy individual in the normal order of nature, A is guilty of murder.

4. There are still (b) and (3) to be taken into consideration, and the conclusion in doubtful circumstances like the one at hand must typically be based on a comparison of these two clauses. If the intended physical harm is likely to result in death, the crime is culpable homicide; otherwise, it is murder if the harm is sufficient to result in death under normal circumstances. The distinction is subtle but discernible. Similar distinctions between (c) and (4) have already been noted. The concern is the level of likelihood or probability. Practically, it usually resolves into a consideration of the type of weapon being utilised.

Melvill held that culpable homicide, not murder, is the offence in this case. There was no malicious intent, and the physical harm was insufficient to result in death under normal circumstances. It would not normally result in death. However, a strong strike to the eye from a man's fist when the victim is on the ground with the head down is unquestionably likely to result in death, either by causing a concussion or by causing blood to spill onto the surface or inside the brain’s substance.

He was given a seven-year transportation term after being found guilty of culpable homicide that did not constitute murder.

Conclusion:

Intention is what separates culpable homicide from murder. According to Section 300 of the IPC, a crime is said to have been committed if the intention is present. If the element of intention is not present, Section 304 of the IPC governs as to how the offence is handled.

 



[1]"Deshpande, P., 2020. Difference Between Murder And Culpable Homicide - Crime - India. Mondaq.com. Available at: <https://www.mondaq.com/india/crime/988662/difference-between-murder-and-culpable-homicide>"

[2]"Bharat Chugh. 2012. Murder v. Culpable Homicide – R v Govinda. Available at: <https://bharatchugh.in/2012/03/31/murder-v-culpable-homicide-r-v-govinda/>"

Post a Comment

0 Comments