Section 299 and Section 300 of the Penal Code deal with the offencing culpable homicide not amounting to murder and murder. Under the Mohammedan system there were three kinds of punishment namely relation, defined punishment and discretionary punishment and the entire administration was entrusted to Kazi, resulting in the punishment and the entire motion of each Kazi. When the British assumed power the need for uniform criminal law was felt necessary and the result of their labours is the present Penal Code. Offences affecting life are contained in section 299 to 311. The other offences depending upon the injury caused fall under section 312to 376 of the Penal Code.
We shall be now considering regarding homicide to explain very clearly culpable homicide and murder. The termed homicide is used to describe the killing of a human being by a human being. Such a killing may be lawful or it may be unlawful and criminal. Unlawful homicide includes murder, manslaughter causing death by dangerous driving, killing in pursuance of suicide pact and infanticide. Homicide is the killing of a human being by a human being .Homicide may be lawful or unlawful. Lawful homicide may again be classified under the heads (a) excusable homicide and (b) justifiable homicide; and unlawful homicide may be classified as (1)culpable homicide not amounting to murder,(2) murder (3) suicide and (4) homicide by rash and negligent acts not culpable.
Culpable homicide: According to the section 299of the Penal Code “whoever cause death by doing an act with the intention of causing death or with the intention of causing such bodily injury as is likely to cause death, or with commits the offence of culpable homicide”
Illustration: (a)A lays sticks and turf over a pit, with the intention of thereby causing death or with the knowledge that death is likely