Question

A abuses B, by which B is provoked. Because of this provocation, B takes out a gun and shoots at A. The bullet hits C, who is out of sight but is standing near A. C dies. Here, B did not intend or know that the bullet would hit C. B has committed

• A. death by negligence
• B. no offence
• C. murder
• D. culpable homicide not amounting to murder

Hint:

When death is caused without intention or knowledge to kill a particular person, but due to a dangerous act under provocation, the offence usually falls under culpable homicide not amounting to murder.

Answer 1

The Correct Option is D

Step 1: Understanding the facts of the case.
In this case, A abuses B, which leads to grave and sudden provocation. Due to this provocation, B fires a gun at A. However, the bullet accidentally hits C, who was standing nearby but was not visible to B, resulting in C’s death.
Step 2: Analyzing intention and knowledge.
B had the intention to shoot A, but he neither intended nor had the knowledge that his act would cause the death of C. The killing of C was unintended and accidental, though it resulted from a dangerous act.
Step 3: Applying legal principles.
The act does not amount to murder because there was no intention or knowledge to cause the death of C. However, firing a gun is a dangerous act likely to cause death, and therefore B cannot be completely absolved of criminal liability.
Step 4: Conclusion.
Since the act was done under grave and sudden provocation and resulted in the unintended death of C, the offence committed by B is culpable homicide not amounting to murder.