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A, under the influence of grave provocation by Z, kills V, Z's child. A is guilty of
Culpable homicide
murder
Grievous hurt.
No offence as he was under provocation
The problem is based on Section 301 of the IPC which is based on transfer of malice. Section 301 embodies the principle of transfer of malice. If a person, by doug anything which he intends or knows to be likely to cause death, commits culpable homicide by causing. the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause. However, . one has to distinguish whether the death of the child was caused intentionally or accidentally. If death is caused accidentally, it would not amount to murder but culpable homicide not amounting to murder.
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