LEGAL PRINCIPLE: A person is guilty of culpable homicide amounting to murder if the act by which the death is caused is done with the intention to cause death. FACTUAL SITUATION: A was hiding behind a bush to catch some rabbits. B also came to the same place for hunting with his gun. When B noticed some movements behind the bush, he though it was an animal and fired a shot due to which A was killed. Can B be prosecuted for murder? DECISION will be _____.
B would not be liable for murder because he did not have the intention to kill A
B shall be liable for murder because he should have taken care to find out the target before shooting
B shall be liable for murder because for whatever reasons A was killed
B shall not be liable for murder because B was not expected to identify the target before shooting
A
B shall not be liable for murder because B was not expected to identify the target before shooting
B
B shall be liable for murder because for whatever reasons A was killed
C
B shall be liable for murder because he should have taken care to find out the target before shooting
D
B would not be liable for murder because he did not have the intention to kill A
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Solution
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Culpable Homicide is when there is intention of causing death. Since didn't intend to kill A neither did he fire to cause the death of A. Therefore, by direct application of principle. B would not be liable for murder.
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