JAGRITI DEVI v. STATE OF H.P

A CrPC stating that on the fateful day there was an altercation between her and the deceased upon which the latter took out the 'Khukri, kept under her pillow and attacked the accused with the same causing some injuri~s on her head; and in order to save herself, she B snatched the 'khukri' from the deceased and gave a few 'Khukri' blows to the deceased. The trial court convicted the appellant of the offence charged and sentenced her to imprisonment for life. The High Court having affirmed the conviction and the sentence, the accused filed the C appeal. Partly allowing the appeal, the Court HELD:1.1. Sections 299 and 300 IPC deal with the definition of culpable homicide and murder respectively. D It has been repeatedly held by this Court that culpable homicide is the genus and m1 •rder is species and that all murders are culpable homicide but not vice versa. Section 300 IPC, which deals with murder, provides for the exceptions which will constitute culpable homicide E not amounting to murder and punishable u/s 304. When and if there is intent and knowledge then the same would be a case of s.304 {part I) and if it is only a case of knowledge and not the intention to cause murder and bodily injury, then the same would be a case of s. 304 F {part II). [Para 18) [177 -C-E]