Reg. v. Govinda Govinda
(1876) ILR 1 Bom 342 · Bombay High Court · 1876
PrincipleMurder differs from culpable homicide in the degree of probability that the act will cause death.
Facts
The accused, aged 18, knocked his young wife down, put his knee on her chest and struck her two or three violent blows on the face with his closed fist. She died from extravasation of blood on the brain.
Held
Melvill J set the two sections side by side and explained the difference: under section 299 death must be 'likely' to be caused, while under section 300 clause (3) the bodily injury intended must be 'sufficient in the ordinary course of nature' to cause death, a higher degree of probability. The blows were not intended or likely to cause death in the ordinary course, so the offence was culpable homicide not amounting to murder.
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