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X is at work with hatched, the head of hatchet files off and kills a man Y who was stand by Here, if there is no want of proper caution on the part of X, has act is:
Not excusable and no offence
excusable and not an offence
An offence but benefit of probation is necessary
An offence or not is depend on the sweet will of the legal representative of deceased
Section 80 – 80. Accident in doing a lawful act. Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution IllustrationA is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.
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