7. …The sufficiency of an intentional injury to cause death in the
ordinary way of nature is the gist of the clause irrespective of an
intention to cause death. Here again, the exceptions may bring
down the offence to culpable homicide not amounting to murder.”
47. Section 300 of the IPC [corresponding to Section 101 BNS] lays down
five exceptions where culpable homicide would not amount to murder.
However, it is settled law that an offence under Section 299 of the IPC
[corresponding to Section 100 BNS] will not be excluded from the charge of
murder under Section 300 solely on the basis of five exceptions. For a
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culpable homicide to be murder, it must come within the four provisions of
Section 300. Murder is the gravest form of culpable homicide. At this
juncture, it is pertinent to refer to the principles laid down by the Hon’ble
Supreme Court in the case of State of AP Vs. Rayavarapu Punnayya &
Anr. reported in AIR 1977 SC 45 .
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