Investigation of Cases of Homicide( Murder)

Investigation of Cases of Homicide The offense of murder is considered the most heinous among the offenses described under the Indian Penal Code. Various circumstances of homicide have been described from Section 299 of the I.P.C. [Sections 100 to 105 of the Bharatiya Nyaya Sanhita, 2023] to Section 304 of the I.P.C., under Chapter 16 of the I.P.C. [Chapter 6 of the Bharatiya Nyaya Sanhita, 2023]. Section 299. [Section 100 of the Bharatiya Nyaya Sanhita, 2023]—Culpable Homicide—Whoever causes 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 the knowledge that he is likely by such act to cause death, commits the offense of culpable homicide. Illustrations (a) 'A' lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. 'Z', believing the ground to be firm, treads on it, falls in and is killed. 'A' has committed the offense of culpable homicide. (b) 'A' knows 'Z' to be behind a bush. 'B' does not know it. 'A', intending to cause 'Z'’s death, or knowing it to be likely that it will cause 'Z'’s death, induces 'B' to fire at the bush. 'B' fires and kills 'Z'. Here 'B' may be guilty of no offense; but 'A' has committed the offense of culpable homicide. (c) 'A', by shooting at a fowl with intent to kill and steal it, kills 'B', who is behind a bush; 'A' not knowing that 'B' was there. Here, although 'A' was doing an unlawful act, he is not guilty of culpable homicide, as he did not intend to kill 'B', or to cause death by doing an act which he knew was likely to cause death. Explanation 1—A person who causes bodily injury to another who is laboring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skillful treatment the death might have been prevented. Explanation 3—The causing of the death of a child in the mother's womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. Section 300. [Section 101 of the Bharatiya Nyaya Sanhita]—Murder—Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or— Secondly—If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or— Thirdly—If it is done 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— Fourthly—If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Illustrations (a) 'A' fires a pistol at 'Z' with the intention of killing him. 'Z' dies in consequence. 'A' commits murder. (b) 'A', knowing that 'Z' is laboring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. 'Z' dies in consequence of the blow. 'A' is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if 'A', not knowing that 'Z' is laboring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here 'A', although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. (c) 'A' intentionally gives 'Z' a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. 'Z' dies in consequence. Here, 'A' is guilty of murder, although he may not have intended to cause 'Z''s death. (d) 'A' without any excuse fires a loaded cannon into a crowd of persons and kills one of them. 'A' is guilty of murder, although he may not have had a premeditated design to kill any particular individual. Exception 1—When culpable homicide is not murder—Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. The above exception is subject to the following provisos: First—That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person. Secondly—That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant. Thirdly—That the provocation is not given by anything done in the lawful exercise of the right of private defense. Explanation—Whether the provocation was grave and sudden enough to prevent the offense from amounting to murder is a question of fact. Illustrations (a) 'A', under the influence of passion excited by a provocation given by 'Z', intentionally kills 'Y', 'Z''s child. This is murder, because the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by that provocation. (b) 'Y' gives grave and sudden provocation to 'A'. 'A', on this provocation, fires a pistol at 'Y', neither intending nor knowing himself to be likely to kill 'Z', who is near him, but out of sight. 'A' kills 'Z'. Here 'A' has not committed murder, but merely culpable homicide. (c) 'A' is lawfully arrested by 'Z', a bailiff. 'A' is excited to sudden and violent passion by the arrest, and kills 'Z'. This is murder, because the provocation was given by an act done by a public servant in the exercise of his powers. (d) 'A' appears as a witness before 'Z', a Magistrate. 'Z' says that he does not believe a word of 'A''s deposition, and that 'A' has perjured himself. 'A' is moved to sudden passion by these words and kills 'Z'. This is murder. (e) 'A' attempts to pull 'Z''s nose. 'Z', in the exercise of the right of private defense, lays hold of 'A' to prevent him from doing so. 'A' is moved to sudden and violent passion in consequence and kills 'Z'. This is murder, because the provocation was given by an act done in the exercise of the right of private defense. (f) 'Z' strikes 'B'. 'B' is excited to violent passion by the blow. 'A', who is standing near, intending to take advantage of 'B''s passion, and to cause him to kill 'Z', puts a knife into 'B''s hand for that purpose. 'B' kills 'Z' with the knife. Here 'B' may have committed only culpable homicide, but 'A' is guilty of murder. Exception 2- When culpable homicide is not murder- Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defense of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defense without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defense. Illustration 'Z' attempts to horsewhip 'A', but not in such a manner as to cause grievous hurt to 'A'. 'A' draws a pistol. 'Z' persists in the assault. 'A' believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots 'Z' dead. 'A' has not committed murder, but only culpable homicide. Exception 3—Culpable homicide is not murder, if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused. Exception 4—Culpable homicide is not murder, if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. Explanation—In such cases, it is immaterial which party offers the provocation or commits the first assault. Exception 5—Culpable homicide is not murder, if the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. Illustration 'A', by instigation, voluntarily causes 'Z', a person under eighteen years of age, to commit suicide. Here, owing to his youth, 'Z' was incapable of giving consent to his own death; 'A' has therefore abetted murder. Section 301. [Section 102 of the Bharatiya Nyaya Sanhita]—Culpable homicide by causing death of person other than person whose death was intended—If a person, by doing 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. Section 302. [Section 103 of the Bharatiya Nyaya Sanhita]—Punishment for murder—Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine. Section 303. [Section 104 of the Bharatiya Nyaya Sanhita]—Punishment for murder by life-convict—Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death. Section 304. [Section 105 of the Bharatiya Nyaya Sanhita]—Punishment for culpable homicide not amounting to murder—Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. Note Culpable homicide not amounting to murder—Conviction of the accused justified: The obstinate habits of the accused culminated in an open fight between the accused and his deceased wife. On the day of the incident, due to the fight, the deceased poured kerosene over herself. The accused lit a matchstick, as a result of which a fire broke out, causing 60% burns on the body of the deceased, which induced her death. The dying declaration made by the deceased by her own free will was recorded immediately one and a half hours after the incident. It implicated the accused. The court found no reason to reject the said dying declaration. The conviction of the accused under Section 304, Part 1 was justified—Angole Ravikanth vs. State of A.P., 2009 Cri. L.J. 3944 (SC) : (2009) 13 S.C.C. 647. Section 304-A. [Section 106 of the Bharatiya Nyaya Sanhita]—Causing death by negligence—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Different Causes of Death in Homicide Death primarily occurs due to the following three causes: Coma—When the person's brain stops functioning. Example: Due to hemorrhage-fracture from a severe head injury. Syncope (Fainting/Heart Failure)—When the person's heart stops functioning. Example: From shock (sudden pressure on the heart), sudden excessive bleeding due to injury, a severe jolt to the body, or falling suddenly from a great height. Asphyxia (Suffocation)—When the supply of oxygen to the respiratory system stops, causing the heart to cease functioning. Example: Hanging, strangulation, closing the mouth and nose, excessive pressure on the chest, drowning in water, breathing in an environment filled with carbon monoxide, etc. Note: (i) When death is caused by tightening a rope or any similar object, or hands around a person's neck, it is called Strangulation. (ii) When murder is committed by squeezing or compressing the neck with the fingers of the hand, the airway gets blocked, resulting in death. This is called Throttling. (iii) Fainting and death caused by the sudden bursting of blood vessels in the brain is called Apoplexy. (iv) Death caused by blocking the nose and mouth with hands or a cloth is called Smothering. (v) If an obstruction is created in the respiratory tract by an external object or food item leading to death, it is called Gagging. This is usually accidental. (vi) When an external object like a piece of food or any other hard object gets stuck between the pharynx and the main airways, stopping the air supply and causing death, it is called Choking. Such incidents are commonly found among children and elderly individuals. (vii) When a person is intoxicated with alcohol and another individual sits on his chest and suffocates his mouth and nose with hands, leading to death, it is called Burking. (viii) Death caused by being crushed under a vehicle, trapped under a collapsing house, or under a falling tree is called Traumatic Asphyxia. Method of Investigation of Homicide Cases Cases of homicide are registered in three ways: (i) when the deceased is known and the accused are named, (ii) when the deceased is known, the accused are unknown but witnesses have seen the accused, (iii) when both the deceased and the accused are unknown. (1) Method of Investigation when the Deceased is Known and Accused are Named: (i) In such cases, upon receiving information about the murder, immediately reach the crime scene and secure it. (ii) Record the statement of the complainant (informant), obtain detailed information about the incident and inquire about the motive, and record it in the Case Diary. (iii) If anyone is injured in the incident, send them immediately for a medical examination. If the complainant is also injured, send them for a medical examination as well. (iv) Separate police teams should be dispatched immediately to trace and arrest the named accused persons. (v) In case the condition of the injured is critical, submit a report to the Executive Magistrate to record their dying declaration; their statement should also be recorded in the presence of two witnesses, and these circumstances must be mentioned in the Case Diary. (vi) Record the statements of the witnesses named in the First Information Report (FIR) and other independent eyewitnesses. (vii) Take 4–6 photographs of the deceased and the entire crime scene from close up and from a distance at various angles. (viii) Prepare the Inquest Report (Panchnama) of the dead body, seal it properly, and send it for a post-mortem examination. (ix) If there is blood, etc., on the deceased's clothes, request the doctor to return them duly sealed after the post-mortem. (x) Collect physical evidence from the spot—blood-stained and plain soil, empty cartridge cases, pellets, pellets & wads, shoes or slippers left behind by the accused, any cloth, towel (gamcha), weapons, knives, etc., and prepare a seizure memo (Fard) in the presence of two independent witnesses. (xi) Prepare a site map (Naksha Nazri) of the crime scene. (ii) Interrogate people living around the spot and record their statements. (xiii) Collect evidence regarding the motive of the crime and record it in the Case Diary. (xiv) Gather evidence concerning the conduct of the accused before and after the incident—whether they threatened the deceased, made preparations, plotted a plan prior to the incident, or threatened the family members of the deceased after the incident, and where they fled, etc. (xv) Make efforts to arrest the accused; if they are not found, obtain orders under Sections 82 and 83 of the Code of Criminal Procedure (CrPC) from the court and execute them. (xvi) Upon arresting the accused, record their statements, try to recover the weapon used in the murder, and if time is short and the accused offers to recover the weapon, obtain their Police Custody Remand (PCR) according to regulations. (xvii) If the accused surrenders before the court and goes to jail under judicial custody, obtain permission from the court to visit the jail to record their statement. If they give a statement to recover the weapon used, file an application in court for Police Custody Remand and recover the weapon under Section 27 of the Indian Evidence Act. Prepare a recovery memo (Fard) in front of two independent witnesses and record the statements of those witnesses. (xviii) Comprehend the cause of death mentioned in the post-mortem report and record the statement of the doctor who performed the post-mortem. (xix) If the viscera of the deceased has been preserved by the post-mortem doctor, prepare a docket through the Chief Medical Officer and send it to the Forensic Science Laboratory (FSL) for examination to ascertain whether the deceased was poisoned. (xx) Get dockets made by a gazetted officer for the exhibits seized from the crime scene and send them to the Forensic Science Laboratory for testing. (xxi) Prepare dockets for the weapons used in the murder and get them tested by the Forensic Science Laboratory. If a firearm used in the murder is recovered, send the cartridges found at the spot along with that weapon to the Forensic Science Laboratory to verify whether the empty cartridges found at the scene were fired from that specific weapon. (xxii) All forensic and examination reports must be attached to the Case Diary. (xxiii) Record the statements of the witnesses of the Inquest Report (Panchnama). (xxiv) Draw conclusions based on the available evidence and submit a Charge-sheet or a Final Report (FR) within the stipulated period (90 days). (2) Method of Investigation when the Deceased is Known and Accused are Unknown, but Identified by Witnesses: In such cases, obtain the physical description (Huliya) of the accused involved in the murder from the people present at the spot and eyewitnesses. Conduct a search for them inside the city and on outward routes via the control room, and document this in the Case Diary. Searches should be conducted in city hotels, dhabas, guest houses (dharmashalas), railway stations, bus stands, liquor shops, taxi stands, and uninhabited new colonies. Upon apprehending the accused, they should be kept behind a veil (baparda) on the spot and inside the lock-up. While maintaining the veil (baparda), attempts should be made to recover the weapons used in the murder. Bringing them to light in the registered case, the remaining investigation process will proceed similarly to the first method. Additionally, a Test Identification Parade (TIP) will be conducted through the eyewitnesses. (For the TIP process, see the appendix) . 3) Method of Investigation when both the Deceased and the Accused are Unknown: (i) First, record the statement of the complainant. (ii) Reach the crime scene immediately and secure it. (iii) Thoroughly inspect the scene and surrounding circumstances to decipher the motive of the incident. (iv) Take photographs of the crime scene from multiple angles. (v) Call individuals from nearby villages and neighboring (bordering) police stations to identify the body. (vi) Invite members of the press and media to photograph the deceased and request them to publish the news along with the photograph. (vii) Search the clothing of the deceased at the scene, check for identification marks like tattoos on hands, etc., to aid identification. If a tailor's label is found on the shirt or pants, call the respective tailor to help identify the unknown deceased. (viii) Gather the physical evidence present at the scene and prepare a seizure memo (Fard) in front of two independent witnesses. (ix) Carefully note down the physical description (Huliya) and the clothes worn by the deceased. (x) Collect the fingerprints of the deceased and send them to the Fingerprint Bureau for matching. (xi) After making every possible effort, if the deceased is still not identified, mention all the identification efforts in the Inquest Report, complete the Panchnama, seal the body, and send it for a post-mortem. (xii) Circulate a search notice for the unknown deceased through the District Crime Records Bureau (DCRB). (xiii) Print additional pamphlets containing the photograph and physical description, and paste them near bus stands, railway stations, outbound buses, crowded markets, and adjacent districts' transit spots, cinema halls, malls, etc. (xiv) If the deceased is identified, take a written application from the identifiers and record their statements in the Case Diary. Gather and record details regarding the reason and motive behind the murder from them. If they suspect certain individuals, track their activities and interrogate them strictly. (xv) Interrogate close friends and relatives of the deceased, and ascertain when and with whom he was last seen. (xvi) Gather information regarding the deceased's pre-death conduct, his business, family background, character, substance addictions, etc. (xvii) If a suspect confesses to the crime during interrogation, record his statement and attempt to recover the vehicle, equipment, or weapons used in the murder. (xviii) If the accused has injuries, conduct their medical examination as well. (xix) Collect circumstantial evidence proving the accused murdered the deceased and record it in the Case Diary. (xx) Send the exhibits collected from the spot to the Forensic Science Laboratory (FSL) for testing. (xxi) Obtain the Call Detail Records (CDR) of the mobile numbers of the accused and the deceased to ascertain their location on the day of the incident and check who they spoke to and when. Write these useful facts down in the Case Diary. (xxii) Record the statements of the witnesses of the Inquest Report. (xxiii) If the gathered evidence proves the charge against the accused, submit a Charge-sheet in court. In the charge sheet, clearly specify the category of each witness next to their name. Probable Time Since Death Changes in the Body 1. Less than 1 hour Body temperature is warm. 2. After3 hours Patches of post-mortem staining (livor mortis) appear. 3. After 6 – 8 hours Post-mortem staining is completely developed and fixed. 4. After 12 hours Rigor mortis is present all over the body; greenish discoloration appears on the lower abdomen. 5. After 24 – 36 hours Body temperature is cold; rigor mortis has passed or is disappearing; green discoloration spreads across the abdomen and chest; abdomen bloats due to gas; fly eggs begin to appear. 6. After 48 hours Abdomen is bloated, face swells, blisters appear, and maggots become visible. 7. After 72 hours The body is completely bloated, and facial/bodily features become distorted and unrecognizable. 8. After 07 days (One week) Decomposition of the intestines and other internal abdominal organs. 9. After 2 weeks Complete liquefaction/necrosis of soft tissues. 10. After 01 – 03 months Only skeletal remains (bones) are left.