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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: A Person is guilty of culpable homicide amounting to murder if the act which the death is caused is done with the intention of causing death.
FACTUAL SITUATION: "X" was hiding behind a bush to catch some rabbits, "Y" also came to the same place for hunting with his gun. When "Y" noticed some movements behind the bush he thought it was an animal and fired a shot due to which "X" was killed.
QUESTION: Can "Y" be prosecuted for murder?
"Y" would not be liable for murder because he did not have the intention to kill 'X'.
"Y" shall be liable for murder because he should have taken care to find out the target before shooting.
"Y" shall not be liable for murder because "Y" was not expected to identify the target before shooting.
"Y" shall be liable for murder because for whatever reason "X" was killed.

A

"Y" shall not be liable for murder because "Y" was not expected to identify the target before shooting.

B

"Y" would not be liable for murder because he did not have the intention to kill 'X'.

C

"Y" shall be liable for murder because he should have taken care to find out the target before shooting.

D

"Y" shall be liable for murder because for whatever reason "X" was killed.

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Solution

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The legal proposition given is that whoever causes death by an act with the intention and the knowledge that he is likely to cause death.

Since in the legal principle the word 'and' is used instead of 'or' therefore, intention is essential with the knowledge that 'the act' is likely to cause death.
'Y' did not have any intention of causing the death of 'X', this can be proved by the fact that Y fired a shot at the bush under the presumption that it was an animal .
Thus with an intention to kill an animal and not X.
Therefore Y has not committed culpable Homicide.

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