Principle: Killing is Not Murder, If It is Committed in a Sudden Fight Without Pre-meditation in a Heat of Passion Upon a Sudden Quarrel. Facts: X and Y Were Buying Liquor - Legal Reasoning

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MCQ

Principle: Killing is not murder if it is committed in a sudden fight without pre-meditation in a heat of passion upon a sudden quarrel.

Facts: X and Y were buying liquor from a liquor shop at 7 pm. Y abused X and there was the quarrel between them. X told Y that he will not spare him and Y shouted that his house is adjoining the shop only and if X had the guts, he can come anytime.  X went back to his shop which was nearby, procured a knife and went to Y‘s residence at 9 pm and stabbed him to death. 

Options

  • X has committed murder 

  • X has not committed an offence of murder since it was committed in a sudden fight in a heat of passion 

  • X has not committed the murder of Y because he had no enimity with Y

  • X has committed no offence

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Solution

X has committed murder 

Explanation:

X has committed murder. According to the principle, killing is not murder if it occurs in a heat of passion and is not pre-meditated. In this case, the killing is not under the heat of passion. There is a time difference of  2 hours between the quarrel and the killing. Moreover,  it is pre-meditated because X procures a knife from somewhere and goes to the house of the victim with the clear intent of killing him.

Concept: Indian Penal Code (Entrance Exams)
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