Penal Code, 1860

— Ss. 299 & 304 or Ss. 300 & 302 — <169>Culpable homicide not amounting to murder<170> and <169>murder<170> — Distinction between — Case-law with clausewise reference to the said provisions discussed — Single shot fired in darkness at 9.15 p.m. after enquiring the identity, to teach the victim a lesson — Injury culminating in death — Appropriate punishment — In the present case, accused getting angry with the victim on the suspicion that the victim had acted as a police informer enabling the police to recover poppy husk from the accused — Taking of land on lease by the victim's father from the brother of the accused, another reason for the anger of the accused — Accused intercepting the victim in the evening while he was on the way to his fields and declaring that victim would have to pay the price for the said two events — About two hours later, at about 9.15 p.m., the victim while passing through his fields, spotting in the torchlight the accused armed with a gun approaching him — After finding out the identity of the victim, the accused declaring that he would teach the victim a lesson — Accused then firing a shot hitting the victim's right thigh — Doctor, after medical examination, declaring the injury to be dangerous to life — In such circumstances and in the absence of the intention or knowledge postulated in various clauses of S. 300 IPC, conviction of the accused under S. 302, held, not sustainable and should have been rather in terms of S. 304 Pt. II — Hence, imprisonment for 7 years sufficient, (2006) 5 SCC 425