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LEGAL PRINCIP...

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LEGAL PRINCIPLE: A person is guilty of culpable homicide amounting to murder if the act by which the death is caused is done with the intention to cause death.
FACTUAL SITUATION: A was hiding behind a bush to catch some rabbits. B also came to the same place for hunting with his gun. When B noticed some movements behind the bush, he though it was an animal and fired a shot due to which A was killed. Can B be prosecuted for murder?
DECISION will be _____.

A

B would not be liable for murder because he did not have the intention to kill A

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B

B shall be liable for murder because he should have taken care to find out the target before shooting

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C

B shall not be liable for murder because B was not expected to identify the target before shooting

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D

B shall be liable for murder because for whatever reasons A was killed

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Solution

The correct option is A B would not be liable for murder because he did not have the intention to kill A
Culpable Homicide is when there is intention of causing death. Since didn't intend to kill A neither did he fire to cause the death of A. Therefore, by direct application of principle. B would not be liable for murder.

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FACTUAL SITUATION: "X" was hiding behind a bush to catch some rabbits, "Y" also came to the same place for hunting with his gun. When "Y" noticed some movements behind the bush he thought it was an animal and fired a shot due to which "X" was killed.
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