Case ID: 3579

Judgment:
ON: Criminal Appeal No. 214 of 1971. (Appeal by Special Leave from the judgment and Order dated 27 7. 1970 of the Andhra Pradesh High. Court in Criminal Appeals Nos. 26 and 27/69). 7 1234SCI/76 604 P. Parmeswara Rao and G. Narayana Rao for the Appellant. A. Subba Rao for the Respondents. This appeal by special leave is directed against a judgment of the High Court of Andhra Pradesh. It arises out of these facts. In Rompicherla village	 there were factions belonging to three major communities viz.	 Reddys	 Kammas and Bhatrajus. Rayavarapu (Respondent No. 1 herein) was the leader of Kamma faction	 while Chopparapu Subbareddi was the leader of the Reddys. In politics	 the Reddys were supporting the Con gress Party	 while Kammas were supporters of Swatantra Party. There was bad blood between the two factions which. were proceeded against under section 107	 Cr. In the Panchyat elections of 1954	 a clash took place between the two parties. A member of the Kamma faction was murdered. Consequently	 nine persons belonging to the Reddy faction were prosecuted for that murder. Other incidents also ' took place in which these warring factions were involved. So much so	 a punitive police force was stationed in this village to keep the peace during the period from March 1966 to September 1967. Sarikonda Kotamraju	 the deceased person in the instant case	 was the leader of Bhatrajus. In order to devise protective measures against the onslaughts of their opponents	 the Bhatrajus held a meeting at the house of the deceased	 wherein they resolved to defend themselves against the aggressive actions of the respondents and their party men. PW 1	 a member of Bhatrajus faction has a cattle shed. The passage to this cattle shed was blocked by the other party. The deceased took PW 1 to Police Station Nekar ikal and got a report lodged there. On July 22	 1968	 the Sub Inspector of Police came to the village and inspected the disputed wail in the presence of the parties. The Sub Inspector went away directing both the parties to come to the Police Station on the following morning so that a com promise might be effected. Another case arising out of a report made to the police by one Kallam Kotireddi against Accused 2 and 3 and another in respect of offences under sections 324	 323 and 325	 Penal Code was pending before a Magistrate at Narasaraopet and the next date for hearing fixed in that case was July 23	 1968. On the morning of July 23	 1968	 at about 6 30 a.m.	 PWs 1	 2 and the deceased boarded Bus No. AP 22607 at Rompicher la for going to Nekarikal. Some minutes later	 Accused 1 to 5 (hereinafter referred to as A1	 A2	 A3	 A4 and A5) also got into the same bus. The accused had obtained tickets for proceeding to Narasaraopet. When the bus stopped at Nekar ikal Cross Roads	 at about 7 30 a.m.	 the deceased and his companions alighted for going to the Police Station. The five accused also got down. The deceased and PW 1 went towards a Choultry run by PW 4	 While PW 2 went to the roadside to ease himself. A1 and A2 went towards the Coffee Hotel situate near the Choultry. From there	 they picked up heavy sticks and went after the deceased into the Choultry. On seeing the accused. P W 1 ran away towards a hut nearby. The deceased stood up. 605 He was an old man of 55 years. He was not allowed to run. Despite the entreaties made by the deceased with folded hands	 A 1 and A 2 indiscriminately pounded the legs and arms of the deceased. One of the by standers	 PW 6	 asked the assailants as to why they were mercilessly beating a human being	 as if he were a buffalo. The assailants angri ly retorted that the witness was nobody to question them and continued the beating till the deceased became unconscious. The accused then threw their sticks at the spot	 boarded another vehicle	 and went away. occurrence was witnessed by PWs 1 to 7. The victim was removed by PW 8 to Narasaraopet Hospital in a temporar. There	 at about 8.45 a.m.	 Doctor Konda Reddy examined him and found 19 in juries	 out of which	 no less than 9 were (internally) found to be grievous. They were: 1. Dislocation of distal end of proximal phalanx of left middle finger. Fracture of right radius in its middle. Dislocation of lower end of right ulna. Fracture of lower end of right femur. Fracture of medial malleolus of right tibia. Fracture. of lower 1/3 of right fibula. Dislocation of lower end of left ulna. Fracture of upper end of left tibia. Fracture of right patella. Finding the condition of the injured serious	 the Doctor sent information to the Judicial Magistrate for getting his dying declaration recorded. On Dr. K. Reddy 's advice	 the deceased was immediately removed to the Guntur Hospital where he was examined and given medical aid by Dr. Sastri. His dying declaration	 exhibit P 5	 was also recorded there by a Magistrate (PW 10) at about 8.05 p.m. The de ceased	 however	 succumbed to his injuries at about 4.40 a.m. on July 24	 1968	 despite medical aid. The autopsy was conducted by Dr. P.S. Sarojini (PW 12) in whose opinion	 the injuries found on the deceased were cummulatively sufficient to cause death in the ordinary course of nature. The cause of death	 according to the Doctor	 was shock and haemorrhage resulting from multiple injuries. The trial Judge convicted A 1 and A 2 under section 302 as well as under section 302 read with section 34	 Penal Code and sen tenced each of them to imprisonment for life. On appeal by the convicts	 the High Court altered their conviction to one under section 304	 Pt. II	 Penal Code and reduced their sentence to 'five years rigorous imprison ment	 each. Aggrieved by the judgment of the High Court	 the State has come in appeal to this Court after obtaining special leave. A 1	 Rayavarappu Punnayya (Respondent 1) has	 as reported by his Counsel	 died during the pendency of this appeal. This information is not contradicted by the Counsel appearing for the State. This 606 appeal therefore	 in so far as it relates to A 	 abates. The appeal ' against A 2 (Respondent 2)	 however	 survives for decision. 'The principal question that falls to be considered in this appeal is	 whether the offence disclosed by the facts and circumstances established by the prosecution against the respondent	 is 'murder ' or 'culpable homicide not amounting to murder '. In the scheme of the Penal Code	 'culpable homicide ' is genus and 'murder ' its specie. All 'murder ' is 'culpable homicide ' but not viceversa. Speaking generally	 'culpable homicide ' sans 'special characteristics of murder '	 is 'culpable homicide not amounting to. murder '. For the pur pose of fixing punishment	 proportionate to the gravity of this generic offence	 the Code practically recognises three degress of culpable homicide. The first is	 what may be called	 culpable homicide of the first degree. This is the gravest form of culpable homicide which is defined in section 300 as 'murder '. The second may be termed as 'culpable homicide of the second degree '. This is punishable under the l st part of section 304. Then	 there is 'culpable homicide of the third degree. ' This is the lowest type of culpable homicide and the punishment provided for it is	 also	 the lowest among the punishments provided for the three grades. Culpa ble homicide of this degree is punishable under the second Part of section 304. The academic distinction between 'murder ' and 'culpable homicide not amounting to murder ' has vexed the courts for more than a century. The confusion is caused	 if courts losing sight of the true scope and meaning of the terms used by the legislature in these sections	 allow themselves to be drawn into minutae abstractions. The safest way of approach to the interpretation and application of these provisions seems to be to keep in focus the key words used in the various clauses of sections 299 and 300. The following comparative table will be helpful in appreciating the points of distinction between the two offences. Section 299 Section 300 A person commits culpable homicide Subject to certain if the act by which the death exceptions culpable is caused is done homicide is murder if the act by which the death caused is done INTENTION (a) with the intention of causing death: (1) with the intention of causing death; or or (b) with the intention of (2) with the intention of causing such bodily injury causing such bodily inju as is likely to cause death; ry as the offender knows to or be likely to cause the death of person to whom the harm is caused; or (3) with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or 607 KNOWLEDGE (c) with the knowledge that (4) with the knowledge that the act likely to cause death. the act is so imminently dangerous that it must in all probability cause death or such bodily injury as is likely to cause death	 and without any excuse for incurring the risk of using death or such injury as is mentioned above. Clause (b) of section 299 corresponds with cls. (2) and (3) of section 300. The distinguishing feature of the mens rea requi site under cl. (2) is the knowledge possessed by the offend er regarding the particular victim being in such a peculiar condition or state of health that the intentional harm caused to him is likely to be fatal	 notwithstanding the fact that ' such harm would not in the ordinary way of nature be sufficient to cause death of a person in normal health or condition. It is noteworthy that the 'intention to cause death ' is not an essential requirement of el. Only the intention of causing the bodily injury coupled with the offender 's knowledge of the likelihood of such injury caus ing the death of the particular victim	 is sufficient to bring the killing within the ambit of this clause. This aspect of cl. (2) is borne out by illustration (b) appended to section 300. Clause (b) of section 299 does not postulate any such knowl edge on the part of the offender. Instances of cases falling under cl. (2) of section 300 can be where the assailant causes death by a fist blow intentionally given knowing that the victim is suffering from an enlarged liver	 or enlarged spleen or diseased heart and such blow is likely to cause death of that particular person as a result of the rupture of the liver	 or spleen or the failure of the he	art	 as the case may be. If the assailant had no such knowledge about the disease or special frailty of the victim	 nor an inten tion to. cause death or bodily injury sufficient 'in the ordinary course of nature to cause death	 the offence will not be murder	 even if the injury which caused the death	 was intentionally given. In clause (3) of section 300	 instead of the words 'likely to cause death ' occurring in the corresponding el. (b) of section 299	 the words "sufficient in the ordinary course of nature" have been used. Obviously	 the distinction lies between a bodily injury likely to cause death and a bodily injury sufficient in the ordinary course of nature to cause death. The distinction is fine but real	 and	 if over looked	 may result 'in miscarriage of justice. The differ ence between cl. (b) of section 299 and cl. (3) of section 300 is one of the degree of probability of death resulting from the intended bodily injury. To put it more broadly	 it is the degree of probability of death which determines whether a culpable homicide is of the gravest	 medium or the lowest degree. The word "likely" in cl. (b) of section 299 conveys the sense of 'probable ' as distinguished from a mere possibili ty. The words "bodily injury. sufficient in the ordinary course of nature to cause death" mean that 608 death will be the "most probable" result of the injury having regard to the ordinary course of nature. For cases to fall within cl. (3)	 it is not necessary that the offender intended to cause death	 So long as death ensues from the intentional. bodily injury or injuries sufficient to cause death in the ordinary course of nature. Rajwant and anr. vs State of Kerala(2) is an apt illustra tion of this point. In Virsa Singh vs The State of Punjab	 (2) Vivian Bose j. speaking for this Court	 explained the meaning ' and scope of Clause (3)	 thus (at p. 1500): "The prosecution must prove the following facts before it can bring a case under section 300	 3rdly '. First	 it must establish	 quite objective ly	 that a bodily injury is present;. secondly the nature of the injury must be proved. These are purely objective investigations. It must be proved that there was an intention to inflict that particular injury	 that is to say	. that it was not accidental or unintentional or that some other kind of injury was intended. Once these three elements are proved to be present	 the enquiry proceeds further	 and	 fourthly it must be 	proved that the injury of the type just described made up of the three elements set out above was suffi cient to cause death in the ordinary course of nature. This part of the enquiry is purely objec tive and inferential and has nothing to do with the intention of the offender." Thus according to the rule laid down in Virsa Singh 's case (supra) even if the intention of accused was limited to the infliction of a bodily injury sufficient to cause death in the ordinary course of nature and did not extend to the intention of causing death	 the offence would be murder. Illustration (c) appended to section 300 clearly brings out this point. Clause (c) of section 299 and cl. (4) of section 300 both require knowledge of the probability of the causing death. It is not necessary for the purpose of this case to dilate much on the distinction between these corresponding clauses. It will be sufficient to say that cl. (4) of section 300 would be applicable where the knowledge of the offender as to the probability of death of a person or persons in general as distinguished from a particular person or persons being caused from his imminently dangerous act	 approximates to a practical certainty. Such knowledge on the part of the offender must be of the highest degree of probability	 the act having been committed by the offender without any excuse for incurring the risk of causing death or such injury as aforesaid. From the above conspectus	 it emerges that whenever a court is confronted with the question whether the offence is 'murder ' or 'culpable homicide not. amounting to murder	 ' on 	the facts of a case	 it will ' (1) A.I.R. 1966 S.C. 1874. (2) ; 609 be convenient for it to approach the problem in three stages. The question to be considered at the first stage would be	 whether the accused has done an act by doing which he has caused the death of another. Proof of such causal connection between the act of the accused and the death	 leads to the second stage for considering whether that act of the accused amounts to "culpable homicide" as defined in section 299. If the answer to this question is prima facie found in the affirmative	 the stage for considering the operation of section 300	 Penal Code is reached. This is the stage at which the Court should determine whether the facts proved by the prosecution bring the case within the ambit of any of the four Clauses of the definition of murder ' contained in section 300. If the answer to this question is in the negative the offence would be 'culpable homicide not amounting to murder '	 punishable under the first or the second part of section 304	 depending. respectively	 on whether the second or the third Clause of section 299 is applicable. If this question is found in the positive	 but the case comes	 within any of the Exceptions enumerated in section 300	 the offence would still be 'culpable homicide not amounting to murder ' punishable under the First Part of section 304	 Penal Code. The above are only broad guidelines and not cast iron imperatives. In most cases	 their observance will facilitate the task of the court. But sometimes the facts are so inter twined and the second and the third stages so tele scoped into each other	 that it may not be convenient	to give a separate treatment to the matters involved in the second and third stages. Now let us consider the problem before us in the light of the above enunciation. It is not disputed that the death of the deceased was caused by the accused	 there being a direct causal connec tion between the beating administered by A 1 and A 2 to the deceased and his death. The accused confined the beating to. the legs and arms of the deceased	 and therefore	 it can be said that they perhaps had no "intention to cause death" within the contemplation clause (a) of section 299 or cl. (1) of section 300. It is nobody 's case that the instant case falls within el. (4) of section 300. This clause	 as already noticed	 is designed for that class of cases where the act of the offender is not directed against any particular individual but there is in his act that recklessness and risk of immi nent danger	 knowingly and unjustifiably incurred	 which is directed against the man in general	 and places the lives of many in jeopardy. Indeed	 in all fairness	 Counsel for the appellant has not contended that the case would fall under el. (4) of section 300. His sole contention is that even if the accused had no intention to cause death	 the facts estab lished fully bring the case within the purview of cl. (3) of section 300 and as such the offence committed is murder and nothing less. In support of this contention reference has been made to Andhra vs State of Rajasthan(1) and Rajwant Singh vs State of Kerala (supra). As against this	 Counsel for the respondent submits that since the accused selected only non vital parts of the body of the deceased	 for (1) A.I.R. 1966 S.C. 148. 610 inflicting the injuries	 they could not be attributed the mens rea requisite for bringing the case under clause (3) of section 300; at the most	 it could be said that they had knowl edge that the injuries inflicted by them were likely to cause death and as such the case falls within the third clause of section 299	 and the offence committed was only "culpa ble homicide not amounting to murder"	 punishable under section 304	 Part 11. Counsel has thus tried to support the reason ing of the High Court. The trial Court	 'as 'already noticed	 had convicted the respondent of the offence of murder. It applied the rule in Virsa Singh 's case (supra). and the ratio of Anda vs State and held that the case was clearly covered by clause Thirdly of section 300. The High Court has disagreed with the trail Court and held that the offence was not murder but one under section 304	 Pt. The High Court reached this conclusion on the following reasoning: (a) "There was no premeditation in the attack. It was almost an impulsive act". (b) "Though there were 21 injuries	 they were all on the arms and legs and not on the head or other vital parts the body." (c) "There was no compound fracture to result in heavy haemorrhage; there must have been some bleeding". (which) "according to PWI might have stopped with in about half an hour to one hour." (d) "Death that had occurred 21 hours later	 could have been only due to shock and not due to haemorrhage also	 as stated by PW 12. who conducted the autopsy. This reference is strengthened by the evidence of PW 26 who says that the patient was under shock and he was treating him for shock by sending fluids through his vein. From the injuries inflicted the accused therefore could not have intended to cause death. " (e) "A1 and A2 had beaten the deceased with heavy sticks. These beatings had resulted in fracture of the right radius	 right femur	 right tibia	 right fibula	 right patalla and left tibia and dislocation of. 	 therefore considerable force must have been used while inflicting the blows. Accused 1 and 2 should have therefore inflicted these injuries with the knowledge that they are likely	 by so beating	 to cause the death of the deceased	 though they might not have had the knowledge that they were so imminent ly dangerous that in all probability their acts would result in such injuries as are likely to cause the death. The offence . is therefore culpable homicide falling under . section 299	 I.P.C. punishable under section 304 Part II and not murder. " 611 With respect we are unable to appreciate and accept this reasoning. With respect	 to be inconsistent	 erroneous and largely speculative	It appears to us To say that the attack was not premeditated or pre planned is not only factually incorrect but also at war with High Court 's own finding that the injuries were caused to the deceased in furtherance of the common intention of A 1 and A 2 and therefore	 section 34	 I.P.C. was applicable. Fur ther	 the finding that there was no compound fracture	 no heavy haemorrhage and the cause of the death was shock	 only	 is not in accord with the evidence on the record. The best person to speak about haemorrhage and the cause of the death was Dr. P. section Sarojini (PW 12) who had conducted the autopsy. She testified that 	the cause of death of the deceased was "shock and haemorrhage due to multiple in juries". This categorical opinion of the Doctor was not assailed in cross examination. In the post mortem examina tion report exhibit P 8	 the Doctor noted that the heart of the deceased was found full of clotted blood. Again in injury No. 6	 which also was an internal fracture	 the bone was visible through the wound. Dr. D.A. Sastri	 PW 26	 had testified that he was treating Kotamraju injured of shock	 not only by sending fluids through his vein	 but also blood. This part of his statement wherein he spoke about the giving of blood transfusion to the deceased	 appears to have been overlooked by the High Court. Dr. Kondareddy	 PW 11	 who was the first Medical Officer to examine the injuries of the deceased	 had noted that there was bleeding and swelling around injury No. 6 which was located on the left leg 3 inches above the ankle. Dr. Sarojini	 PW 12	 found fracture of the left tibia underneath this injury. There could therefore	 be no doubt that this was a compound fracture. P.W. 11 found bleeding from the other abraded injuries	 also. He however found the condition of the injured grave and immediately sent an information to the Magistrate for recording his dying declaration. PW 11 also advised immediate removal of the deceased to the bigger Hospital at Guntur. There	 also	 Dr. Sastri finding that life in the patient was ebbing fast	 took immediate two fold action. First	 he put the patient on blood transfusion. Second	 he sent an intimation for recording his dying declaration. A Magistrate (PW 10) came there and recorded the statement. These are all tell tale circumstances which unerring by show that there was substantial haemorrhage from some of the injuries involving compound fractures. This being the case	 there was absolutely no reason to doubt the sworn word of the Doctor	 (PW 12) that the cause of the death was shock and haemorrhage. Although the learned Judges of the High Court have not specifically referred to the quotation from page 289	 of Modi 's book on Medical Jurisprudence and Toxicology (1961 Edn.) which was put to Dr. Sarojini in cross examination	 they appear to have derived support from the same for the argument that fractures of such bones "are not ordinarily dangerous"; therefore	 the accused could not have intended cause death but had only knowledge that they were likely by such beating to cause the death of the deceased. It will be worthwhile to extract that quotation from Mody	 as a reference to the same was made by Mr. Subba Rao before us	 also. 612 According to Mody: "Fractures are not ordinarily dangerous unless they are compound	 when death may occur from 	loss of blood	 if a big vessel is wounded by the split end of a fractured bone. " It may be noted	 in the first place	 that this opinion of the learned author is couched in too general and wide language. Fractures of some vital bones	 such as those of the skull and the vertebral column are generally known to be dangerous to life. Secondly	 even this general statement has been qualified by the learned author	 by saying that compound fractures involving haemorrhage	 are ordinarily dangerous. We have seen	 that some of the fractures under neath the injuries of the deceased	 were compound fractures accompanied by substantial haemorrhage. In the face of this finding	 Mody 's opinion	 far from advancing the conten tion of the defence	 discounts it. The High Court has held that the accused had no inten tion to cause death because they deliberately avoided to hit any vital part of the body	 and confined the beating to the legs and arms of the deceased. There is much that can be said in support of this particular finding. But that find ing assuming it to be correct does not necessarily take the case out of the definition of 'murder '. The crux of the matter is	 whether the facts established bring the case within Clause Thirdly of section 300. This question further narrows down into a consideration of the two fold issue :. (i) Whether the bodily injuries found on the deceased were intentionally inflicted by the accused ? (ii) If so	 were they sufficient to cause death in the ordinary course of nature ? If both these elements are satisfactorily established	 the offence will be 'murder '	 irrespective of the fact whether an intention on the part of the accused to cause death	 had or had not been proved. In the instant case	 the existence of both these ele ments was clearly established by the prosecution. There was bitter hostility between the warring factions to which the accused and the deceased belonged. Criminal litigation was going on between these factions since long. Both the factions had been proceeded against under section 107	 Cr. The accused had therefore a motive to beat the deceased. The attack was premeditated and pre planned	 although the interval between the conception and execution of the plan was not very long. The accused had purchased tickets for going further to Narasaraopet	 but on seeing the deceased	 their bete noir	 alighting at Nekarikal	 they designedly got down there and trailed him. They selected heavy sticks about 3 inches in diameter	 each	 and with those lethal weapons	 despite the entreaties of the deceased	 mercilessly pounded his legs and arms causing no less than 19 or 20 injuries	 smashing at least seven bones. mostly major bones	 and dislocating two more. The beating was administered in a brutal and reckless manner. It was pressed home with an unusually fierce	 cruel and sadistic determination. When the human conscience of one of the shocked bystanders spontaneously cried out in protest as to why the accused were beating a human being as if he were a buffalo	 the only echo it could draw from the assailants	 613 a minacious retort	 who callously continued their malevolent action	 and did not stop the beating till the deceased became unconscious. May be	 the intention of the accused was to cause death and they stopped the beating under the impression that the deceased was dead. But this lone circumstance cannot take this possible inference to the plane of positive proof. Nevertheless	 the formidable weapons used by the accused in the beating	 the savage manner of its execution	 the helpless state of the unarmed victim	 the intensity of the violence caused	 the callous conduct of the accused in persisting in the assault even against the protest of feeling bystanders all	 viewed against the background of previous animosity between the parties	 irresistibly lead to the conclusion that the in juries caused by the accused to the deceased were intention ally inflicted	 and were not accidental. Thus the presence of the first element of Clause Thirdly of section 300 had been cogently and convincingly established. This takes us to the second element of Clause (3). Dr. Sarojini	 PW 12	 testified that the injuries of the deceased were cumulatively sufficient in the ordinary course of nature to cause death. In her opinion which we have found to be entirely trustworthy the cause of the death was shock and haemorrhage due to the multiple injuries. Dr. Sarojini had conducted the post mortem examination of the deadbody of the deceased. She had dissected the body and examined the injuries to the internal organs. She was therefore the best informed expert who could opine with authority as to the cause of the death and as to the suffi ciency or otherwise of the injuries from which the death ensued. Dr. Sarojini 's evidence on this point stood on a better footing than that of the Doctors (PWs. 11 and 26) who had externally examined the deceased in his life time. Despite this position	 the High Court has not specifically considered the evidence of Dr. Sarojini with regard to the sufficiency of the injuries to cause death in the ordinary course of nature. There is no reason why Dr. Sarojini 's evidence with regard to the second element of Clause (3) of section 300 be not accepted. Dr. Sarojini 's evidence satisfacto rily establishes the presence of the second element of this clause. There is therefore	 no escape from the conclusion	 that the offence committed by the accused was 'murder '	 notwith standing the fact that the intention of the accused to cause death has not been shown beyond doubt. In Anda vs State of Rajasthan (supra)	 this Court had to deal with a very similar situation. In that case	 several accused beat the victim with sticks after dragging him into a house and caused multiple injuries including 16 lacerated wounds on the arms and legs	 a hematoma on the forhead and a bruise on the chest. Under these injuries to the arms and legs lay fractures of the right and left ulnas	 second and third metacarpal bones on the right hand and second metacar pal bone of the left hand	 compound fractures of the right tibia and right fibula. There was loss of blood from the injuries. The Medical Officer who conducted the autopsy opined that the cause of the death was shock and syncope due to multiple injuries; that all the injuries collectively could be sufficient to cause death in the ordinary course of nature	 but individually none of them was so sufficient. 614 Question arose whether in such a case when no signifi cant injury had been inflicted on a vital art of the body	 and the weapons used were ordinary lathis	 and the accused could not be said to have the intention of causing death	 the offence would be 'murder ' or merely 'culpable homicide not amounting to murder '. This Court speaking through Hidayatullah J. (as he then was)	 after explaining the comparative scope of and the distinction between sections 299 and 300	 answered the question in these terms: "The injuries were not on a vital part of the body and no weapon was used which can be described as specially dangerous. Only lathis were used. It cannot	 therefore	 be said safely that there was an intention to cause the death of Bherun within the first clause of section 300. At the same time	 it is obvious that his hands and legs were smashed and numerous bruises and lacerated wounds were caused. The number of injuries shows that every one joined in beating him. It is also clear that the assailants aimed at breaking his arms and legs. Looking at the injuries caused to Bherun in furtherance of the common intention of all it is clear that the injuries intended to be caused were sufficient to cause death in the ordinary course of nature	 even if it cannot be said that his death was intended. This is suffi cient to bring the	 case within 3rdly of section 300." The ratio of Anda vs State of Rajasthan (supra) applies in full force to the facts of the present case. Here	 a direct causal connection between the act of the accused and the death was established. The injuries were the direct cause of the death. No secondary factor such as gangrene	 tetanus etc.	 supervened. There was no doubt whatever that the beating was premeditated and calculated. Just as in Anda 's case	 here also	 the aim of the asailants was to smash the arms and legs of the deceased	 and they succeeded in that design. causing no less than 19 injuries	 including fractures of most of the bones of the legs and the arms. While in Anda 's case	 the sticks used by the assailants were not specially dangerous	 in the instant case they were unusually heavy	 lethal weapons. All these acts of the accused were pre planned and intentional	 which	 considered objectively in the light of the medical evidence. were sufficient in the ordinary course of nature to cause death. The mere fact that the beating was designedly con fined by the assailants to the legs and arms	 or that none of the multiple injuries inflicted was individually suffi cient in the ordinary course of nature to cause death	 will not exclude the application of Clause 3rdly of section 300. The expression "bodily injury" in Clause 3rdly includes also its plural	 so that the clause would cover a case where all the injuries intentionally	 caused by the accused are cumula tively sufficient to cause the death in the ordinary course of nature	 even if none of those injuries individually measures upto such sufficiency. The sufficiency spoken of in this clause. as a|ready noticed	 is the high probability of death in the ordinary course of nature	 and if such suffi ciency exists and death is caused and the injury causing it is intentional	 the case would fail under Clause 3rdly of section 300. All the conditions which are a pre requisite for the applicability of this clause have been established and the offence committed by the accused in the instant case was 'murder '. 615 For all the foregoing reasons	 we are of opinion that the High Court was in error in altering the conviction of the accused respondent from one under section 302	 302/34	 to that under section 304	 Part II	 Penal Code. Accordingly we allow this appeal and restore the order of the trial Court convicting the accused (Respondent 2 herein) for the offence of murder	 with a sentence of imprisonment for life. Respondent 2	 if he is not already in jail shall be arrested and committed to prison to serve out the sentence inflicted on him. P.B.R. Appeal allowed.

Summary:
In the scheme of the Penal Code	 'culpable homicide ' is genus and 'murder ' its specie. All 'murder ' is 'culpable homicide ' but not vice versa. Speaking generally	 'culpable homicide ' sans 'special characteristics of murder '	 is 'culpable homicide not amounting to murder '. For the purpose of fixing punishment	 proportionate to the gravity of this generic offence	 the Code practically recognises three degrees of culpable homicide. The first is	 what may be called	 culpable homicide of the first degree. This is the gravest form of culpable homicide	 which is defined in section 300 as 'murder '. The second may be termed as 'culpable homicide of the second degree '. This is punishable under the 1st part of section 304. Then there is 'culpable homicide of the third degree '. This is the lowest type of culpable homicide and the punishment provided for it is	 also	 the lowest among the punishments provided for the three grades. Culpable homicide of this degree is punishable under the second Part of section 304. [606B D] Clause (b) of section 299 corresponds with cll. (2) and (3) of section 300. The distinguishing feature of the mens rea requisite under clause (2) is the knowledge possessed by the offender regarding the particular victim being in such a peculiar condition or state of health that the intentional harm caused to him is likely to be fatal	 notwithstanding the fact that such harm would not in the ordinary way of nature be sufficient to cause death of a person in normal health or condition. The 'intention to cause death ' is not an essential requirement of clause (2). Only the intention of causing the bodily injury coupled with the offender 's knowledge of the likelihood of such injury causing the death of the particular victim	 is sufficient to bring the killing within the ambit of this clause This aspect of clause (2) is borne out by illustration (b) appended to section 300. [607C D] Instances of cases failing under clause (2) of section 300 can be where the assailant causes death by a first blow intentionally given knowing that the victim is suffering from an enlarged liver	 or enlarged spleen or diseased heart and such blow is likely to cause death of that particular person as a result of the rupture of the liver	 or spleen or the failure of the heart	 as the case may be. If the as sailant had no such knowledge about the disease or special frailty of the victim	 nor an intention to cause death or bodily injury sufficient in the ordinary course of nature to cause death	 the offence will not be murder	 even if the injury which caused the death	 was intentionally given. Clause (b) of section 299 does not postulate any such knowledge on the part of the offender. [607E F] In Clause (3) of section 300	 instead of the words 'likely to cause death ' occurring in the corresponding clause (b) of section 299	 the words "sufficient in the ordinary course of nature" have been used. The distinc tion between a bodily injury likely to cause death and a bodily injury sufficient in the ordinary course of nature to cause death	 is fine but real	 and	 if overlooked	 may result in miscarriage of justice. The difference is one of the degree of probability of death resulting from the intended bodily injury. The word "likely" in section 299(b) conveys the sense of of 'probable ' as distinguished from a mere possibility. The words bodily injury . sufficient in the ordinary course of nature to cause death ' mean that death will be the 'most proba ble ' result of the injury	 having regard to the ordinary course of nature. [607G H] 602 For cases to fail within clause (3)	 it is not necessary that the offender intended to cause death	 so long as death ensues from the intentional bodily injury or injuries suffi cient to cause death in the ordinary course of nature. [608B] Clause (c) of section 299 and clause (4) of section 300 both require knowledge of the probability of the act causing death. Clause (4) of section 300 would be applicable where the knowledge of the offender as to the probability of death of a person or persons in general as distinguished from a particular person or persons being caused from his immi nently dangerous act	 approximates to a practical certainty. Such knowledge on the part of the offender must be of the highest degree of probability	 the act having been committed by the offender without any excuse for incurring the risk of causing death or such injury as aforesaid. [608F G] Whenever a court is confronted with the question whether the offence is 'murder ' or 'culpable homicide not amounting to murder '	 on the facts of a case	 it will be convenient for it to approach the problem in three stages. The question to be considered at the first stage would be	 whether the accused has done an act by doing which he has caused the death of another. Proof of such casual connection between the act of the accused and the death	 leads to the	 second stage for	 considering whether that act of the accused amounts to culpable homicide as defined in section 299. If the answer to this. question is prima facie found in the affirm ative	 the stage for considering the operation of section 300	 Penal Code	 is reached. This is the stage at which the Court should determine whether the facts proved by the prosecution bring the case within the ambit of any of the four clauses of the definition of 'murder ' containd in section 300. If the answer to this question is in the negative the offence would be 'culpable homicide not amounting to mur der '	 punishable under the first or the second part of section 304	 depending	 respectively	 on whether the second or the third clause of section 299 is applicable. If this question is found in the positive	 but the case comes within any of the Exceptions enumerated in section 300	 the offence would still be 'culpable homicide not mounting to murder '	 punishable under the First Part of section 304	 Penal Code. [608H; 609A C] Rajwant and anr. vs State of Kerala AIR 1966 SC 1874	 Virsa Singh vs The State of Punjab ; and Andhra vs State of Rajasthan AIR 1966 S.C. 148 followed. In the instant case the prosecution alleged that in furtherance of political feuds of the village the accused followed the deceased in the bus when he went to a neigh bouring place	 chased him when he got off the bus	 and indiscriminately pounded the legs and arms of the deceased	 who was 55 years old	 with heavy sticks. The deceased succumbed to his injuries on the following morning. The trial court held that the case was covered by clause 'thirdly ' of section 300 and convicted them under section 302 and section 302 read with section 34. Indian Penal Code. In appeal	 the High Court altered the conviction to one under section 304 Part II; on ' the grounds that (i) there was no premeditation in the attack; (ii) injuries were not on any vital part of the body; (iii) there was no compound fracture resulting in heavy haemorrhage; (iv) death occurred due to shock and not due to haemorrhage and (v) though the accused had knowledge while inflicting injuries that they were likely to cause death	 they might no( have had the knowledge that they were so imminently dangerous that in ' all probability their acts would ' result in such injuries as are likely to came the death. In appeal to this Court the appellant State contended that the case fell under section 300(3) I.P.C.	 while the accused sought to support the judgment ' of the High Court. 603 Allowing the appeal. HELD: (1) It is not correct to say that the attack was not premeditated or preplanned. The High Court itself found that the injuries were caused in furtherance of the common intention of the respondents	 and that therefore section 34 was applicable. [611B] (2) The High Court may be right in its finding that since the injuries were not on vital parts	 the accused had no intention to cause death but that finding assuming it to be correct does not necessarily take the case out of the definition of 'murder '. The crux of the matter is whether the facts established bring the case within clause 'thirdly ' of section 300. This question further narrows down into a con sideration of the two fold issue; (i) whether the bodily injuries found on the deceased were intentionally inflicted by the accused ? and (ii) If so	 were they sufficient to cause death in the ordinary course of nature ? If both these elements are satisfactorily established	 the offence will be 'murder '	 irrespective of the fact whether an reten tion on the part of the accused to cause death	 had or had not been proved. [612 C E] In the instant case	 the formidable weapons used by the accused in the beating the savage manner of its execution	 the helpless state of the unarmed victim	 the intensity of the violence caused	 the callous conduct of the accused in persisting in the assault even against the protest of feeling by standersall	 viewed against the background of previous animosity between the parties	 irresistibly lead to the conclusion that the injuries caused by the accused to the deceased were intentionally inflicted	 and were not accidental. Thus the presence of the first element of clause 'thirdly ' of section 300 had been cogently and convincing ly established. [613 B C] (3) The medical evidence shows that there were compound fractures and that there was heavy haemorrhage requiring blood transfusion. Such injuries are ordinarily dangerous. [613D] (4) The medical evidence clearly establishes that the cause of death was shock and haemorrhage due to multiple injuries which were cumulatively sufficient to cause death in the ordinary course of nature. [612B C] (5) The mere fact that the beating was designedly con fined by the assailants to the legs and arms or that none of the multiple injuries inflicted was individually sufficient in the ordinary course of nature to cause death	 will not exclude the application of clause 'thirdly ' of section 300. The expression 'bodily injury ' in clause 'thirdly ' includes also its plural	 so that the clause would cover a case where all the injuries intentionally caused by the accused are cumula tively sufficient to cause the death in the ordinary course of nature. even if none of those injuries individually measures upto such sufficiency. The sufficiency spoken of in this clause	 is the high probability of death in the ordinary course of nature	 and if such sufficiency exists and death is caused and the injury causing it is intention al	 the case would fail under clause 'thirdly ' of section 300. All the conditions which are a pre requisite for the ap plicability of this clause have been established and the offence committed by accused in the instant case was 'mur der '. [614G H] There is no escape from the conclusion that the offence committed by the accused was murder notwithstanding the fact that the intention of the accused to cause death has not been shown beyond doubt. [613F]