Loaded revolver and deliberate firing at a vital part constituted murder, not culpable homicide not amounting to murder.

A person who went to the deceased's house with a loaded revolver and fired at a vital part of her body after she refused to marry him was found to have acted with deliberate intention to kill. The surrounding circumstances of prior preparation, conscious possession of the firearm, and the targeted shooting established culpable homicide under Section 299 IPC and brought the act within murder under Section 302 IPC, not culpable homicide not amounting to murder under Section 304 Part II. The ratio emphasises that use of a loaded weapon against a vital part in such circumstances constitutes murder.

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Issues: Whether the act of firing a loaded revolver at the deceased after she refused to marry the appellant constituted murder punishable under Section 302 of the Indian Penal Code, 1860, or only culpable homicide not amounting to murder under Section 304 Part II of the Indian Penal Code, 1860.

Analysis: The evidence established that the appellant went to the deceased's house with a loaded revolver and fired at a vital part of her body after she declined to marry him. The surrounding circumstances showed prior preparation, conscious possession of the firearm, and an intention to cause death rather than merely to frighten or compel the deceased. The act therefore satisfied the ingredients of culpable homicide under Section 299 and, on the facts, fell within the graver category attracting punishment for murder under Section 302.

Conclusion: The offence was held to be murder under Section 302 of the Indian Penal Code, 1860, and not an offence under Section 304 Part II.

Ratio Decidendi: Where a person arms himself with a loaded weapon, uses it against a vital part of the victim's body in circumstances showing a deliberate intention to kill, the act constitutes murder rather than culpable homicide not amounting to murder.

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