#Culpable Homicide

[youthchronical]

Playing cricket with cork ball not a criminal offence, says Madras High Court

Madras High Court. File photo | Photo Credit: K. PICHUMANI The Madras High Court has quashed a case of culpable homicide, not amounting to murder, registered against the organisers of a local cricket match after a fielder died when a cork ball used in the game hit his chest due to an aggressive and attacking shot played by the batsman. Justice G. Jayachandran said it was common in this part of…

[rightnewshindi]

खलीनी में बीसीए के छात्र की मौत मामले में उसके तीन दोस्त गिरफ्तार, गैर इरादतन हत्या का मामला दर्ज

Shimla News: न्यू शिमला थाना के अंतर्गत खलीनी में बीसीए के छात्र वोकेंद्र ठाकुर की हुई संदिग्ध मौत के मामले में पुलिस ने उसके तीन दोस्तों को गिरफ्तार किया है। अभी तक की जांच में पता चला है कि आरोपियों ने युवक के साथ होटल के कमरे में पहले नशा किया था और जब उसकी तबीयत खराब हो गई थी तो उसे बाहर खुले में रख दिया। इस मामले में पुलिस ने शिकायत के आधार पर आरोपियों के खिलाफ गैर इरादतन हत्या का मामला…

[townpostin]

Court Convicts Two in 2016 Jamshedpur Murder and Robbery Case

Ajhar Imam and Mohammed Asif found guilty of culpable homicide and robbery Sentencing scheduled for June 29, accused remanded to judicial custody. JAMSHEDPUR – The court of ADJ-III Nishant Kumar on Monday convicted two men in a 2016 case involving murder and robbery. Ajhar Imam of Kapali Basti and Mohammed Asif of Khushboo Nagar, Azadnagar were found guilty of culpable homicide and robbery. The…

[freelawbydjure]

Murder vs. Culpable Homicide — Understanding the Key Differences

According to Sir William Blackstone, “When a person, of sound memory and discretion, unlawfully kills any reasonable creature in being and under the king’s peace, with malice aforethought, either express or implied.”

When a person deprives someone of his life, he may or may not be liable for murder but in a broader sense, he has committed culpable homicide. So we can say that “All murders are culpable homicides but all culpable homicides are not murders.” In this article, we will discuss the differences between the types of culpable homicides and murder.

Culpable Homicide

The term Homicide, in its broadest sense, is the act of causing the death of another person. It refers to the unlawful killing of a human being, excluding situations where the killing is justified or excused by law. Homicide is a criminal offense that is categorized into different degrees or classifications, such as justifiable homicide, accidental homicide, culpable homicide, and murder depending on the jurisdiction. Culpable homicide is divided into two categories including culpable homicide amounting to murder and culpable homicide not amounting to murder. Section 299 of the Indian Penal Code deals with ‘Culpable Homicide’, it states that “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 offence of culpable homicide.”

Murder

Murder is a type of homicide that is defined under Section 300 of the IPC, it states that “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.”

Elements of Murder

The intention of causing death of another person is the primary element of murder.

The intention of causing bodily injury or physical injury that is likely to cause death of another person or result in serious injury to another person.

The same should be done with the knowledge that a particular action would result in the death of another person.

Click Here To Read The Full Article

Also Read: Capital punishment in IndiaConstitutional validity of Death Penalty or Capital punishment in India

[seemabhatnagar]

“Grave and Sudden Provocation”

➡️ On November 5, 2007, the appellant (Vijay @ Vijayakumar) and his friends, including PW-11(Thiru Ramu) and PW-12(Tmt Raji), were returning home after watching a movie.

🔹While resting under a bridge at midnight, they encountered the deceased, who was in an inebriated state.

🔹An altercation broke out between the appellant and the deceased, during which the appellant struck the deceased with a cement brick, causing fatal head injuries.

🔹Subsequently, the appellant attempted to destroy evidence by burning the deceased's body.

🔹A complaint was lodged by the Village Administrative Officer Thiru Mohan(PW-1), and the investigation led to the recovery of relevant evidence, including a confession statement.

#GraveandSuddenProvocation #Section304Part1IndianPenalCode

➡️The legal issue in this *case before the Apex Court was whether the act of the appellant falls under Exception 1 of Section 300 IPC, thereby reducing the offense from murder to culpable homicide not amounting to murder (Section 304 Part I IPC).

#ProvocationandSelfControl

➡️The Appellant contended

🔹The act was committed under grave and sudden provocation caused by the deceased during the altercation.

🔹Exception 1 of Section 300 IPC applies, justifying the reduction in charges.

The State objected

🔹The appellant's act was premeditated and intended to kill the deceased.

🔹The destruction of evidence post-incident demonstrated an attempt to cover up the crime, undermining the claim of provocation.

#justiceincriminallaw ##SentencingPrinciples

➡️The Apex Court observed

🔹Exception 1 to Section 300 IPC applies when the accused is deprived of self-control due to grave and sudden provocation.

🔹The provocation arose from the deceased's conduct during the altercation.

🔹Provocation must be evaluated based on its gravity, suddenness, and effect on a reasonable person.

🔹The appellant reacted immediately, suggesting loss of self-control due to provocation.

🔹The act of striking the deceased with a cement brick was deemed excessive but arose from the provocation.

🔹The appellant's subsequent attempt to burn the body to destroy evidence warranted additional punishment under Section 201 IPC.

#culpablehomicideversusmurder #Exception1ofSection300IPC

➡️The Supreme Court upheld the Trial Court and High Court's findings that the appellant was guilty under Section 304 Part I IPC (culpable homicide not amounting to murder).

The appellant’s sentence of five years rigorous imprisonment for Section 304 Part I IPC and two years rigorous imprisonment for Section 201 IPC (destruction of evidence) was confirmed.

*Case Vijay v. State

Crl. Appeal 1049/2021, Before the Supreme Court of India

Heard by Hon'ble Mr. Justice J B Pardiwala J & Hon'ble Mr. Justice R Mahadevan J

[davidaugust]

A 45 year old American male has the odds of dying in one year of 0.004137 (less than 1%), and 62 year old has the odds of 0.015702 (less than 2%). The odds of a 45 year old and a 62 year old (who whistleblew on Boeing) dying naturally within 2 months of each other are…not good.

Boeing has 145,000 direct employees of various ages. How many might be lost soon in odds defying ways?

I’m not suggesting Dave Calhoun (former CEO - $58 million estimated net worth) nor Stephanie Pope (current CEO - $7.54 million estimated net worth) personally killed anyone.

Yes, Boeing planes killed over 300 people through possibly preventable failures on their watch. But I would never suggest they had any direct hand in ending the lives of the people on the planes nor the whistleblowers. I imagine they might not pick up their own dry cleaning, clean their own homes nor grocery shop for themselves either.

The two CEOs net worths work out to about $184,101 per Boeing related fatality.

I’m sure that is all good: it is complex to run a major aviation manufacturer, especially if you have to manage possibly preventable loss of life after the deliberate use of faulty parts that are flying around right now, and people willing to tell the world about them.

Sources:

Life expectancy data: https://www.ssa.gov/oact/STATS/table4c6.html

Number of Boeing employees: https://www.boeing.com/company/key-orgs/boeing-global#:~:text=The%20company%20employs%20approximately%20145%2C000,working%20for%20Boeing%20suppliers%20worldwide

Boeing 737 Max planes death count from 2 crashes in 2018 and 2019 of 346: https://amp.theguardian.com/business/article/2024/may/02/second-boeing-whistleblower-dies

Calhoun net worth: https://www.gurufocus.com/insider/7966/david-l-calhoun#:~:text=The%20estimated%20net%20worth%20of,stock%20worth%20over%20%2423%20Million.

Pope net worth: https://www.benzinga.com/sec/insider-trades/0001920795/stephanie-f-pope

Use of faulty parts by Boeing: https://pluralistic.net/2024/05/01/boeing-boeing/#mrsa

[kamana-mishra]

Difference between Murder and Culpable Homicide

Students often get confused between culpable homicide and Murder. These two concepts are relatably different. There is a thin line that separates the two of them. This frequently causes problems for advocates and legal professionals when deciding how to present the case because of the slight variance. Culpable homicide and murder concepts are important for law postgraduate and judiciary exams.

We have outlined the differences in this article and provided a clear explanation. Therefore, this article would be your pinnacle if you were aiming for either of these two examinations. So, let’s get started!

Culpable Homicide

The word “culpable” comes from the Latin word “CULPE,” which signifies punishment. The Latin word “HOMO + CIDA,” which means “human being + killing,” is where the term “homicide” originates.

According to Section 299 of The Indian Penal Code, 1860, “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 to cause death by such act, commits the offence of culpable homicide.”

Murder

The Germanic word “morth,” which denotes a covert killing, is where the word “murder” started. Murder is only an aggregated form of culpable homicide. Murder is defined as killing a person by another person or a group of people who have the deliberate intent to take the life of the former.

If an offence does not contain one that qualifies as culpable homicide under the IPC definition of “murder,” it does not constitute “murder.” All killings are punishable by law, but not all homicides are murders. Murder is covered in Sections 299 and 300 of the Indian Penal Code.

Example

A sharp weapon was used by an offender, “X”, on “Y’s” essential organ. The perpetrator is also aware that his actions will result in death. Naturally, Y will die as a result of this damage. This type of death is referred to as “murder.”

On the other hand, Y killed X with a blunt instrument like a stick or stone. The likelihood of causing mortality is lower since injuries are more likely to occur in the strong parts of the body. This type of death is known as a Culpable Homicide.

“Every murder is culpable homicide, but every culpable homicide is not murder.”

The assertion that every murder is a culpable homicide but not every culpable homicide is the distinction between culpable homicide and murder, which explains murder.

As was already said, murder is simply an aggravated version of culpable homicide, regarded as the first degree of culpable homicide.

Culpable homicide takes murder’s special characteristics. The concept of the gravity of the purpose serves as the foundation for the distinction between culpable homicide and murder.

Reading the word “likely,” which signifies one probability that it may or may not cause death, in section 299, will reveal the degree of guilt. It is a component that draws attention to the fact that there is uncertainty regarding whether the accused’s alleged deed killed the deceased or not.

While there is no room for ambiguity on the part of the accused in a murder case as defined by section 300 of the IPC, the accused is certain that his act would undoubtedly result in death.

The degree of responsibility makes a significant difference; when the probability of death is great, murder is considered; when it is low, culpable homicide is considered.

Knowing whether the accused’s actions “caused” the victim’s death is crucial for assigning an act under the culpable homicide statute.

Understanding and interpreting the second key distinction between Knowledge and Intention is important. In the case of Basdev v. Pepsi, the Supreme Court considered the distinction between the two and determined that a motive causes a man to form an intention. Understanding the effects of one’s actions is known as knowledge. In many situations, intention and knowledge are interchangeable terms that essentially mean the same thing, and knowledge can be used to infer intention. Although the distinction between knowledge and intention is tenuous, it is clear that they signify different things.

Meaning of beyond reasonable doubt

Real and reasonable doubt is required to prevent the conviction of guilt. The trial judge must rule against the party with the burden of proof if the evidence raises questions in his or her view. The adjudication panel has a duty to acquit the accused if it cannot decide with certainty whether or not the accused is guilty.

Continue reading…

[whole-circus]

Hihi I recently started reading your works and stchnvdhnifbmb I'm obsessed now lol

I must ask how the creeps would react to someone who was there for them before they became the way they are now? I'm quite curious (⁠´⁠-⁠﹏⁠-⁠`⁠；)

Take care and hydrate <333

Creepypastas with reader that had knew them before tragic eventes

➥ with Jeff the Killer, Homicidal Liu, "Ticci" Toby, Eyeless Jack, Ben Drowned

Ahh you waited so long for this Im so sorry!T^T

Also you guys have no idea how sweet that is! Im glad that someone likes to read my scribble! <3 Lots of love and also remember to hydrate! I choose couple of pastas, but feel free to inform me if you would like someone else!

.•┈••✦ 🖤 ✦••┈•.

☆ Jeff the Killer

During one of this normal days, or maybe during calm night? You finally saw him..You were looking at eachothers, not sure what to do - sure, he may be a killer now..but this killer was once your friend? Does he even recognize you? But to your suprise, he just started laughing. It wasn't his casual maniac laughter..this one were more friendly, just like the laugh of him you remembered. The laugh of your best friend. He remembered you..and even if he is way diffrent now, then the part of him is still your best friend. You are finally something good in his miserable life, and he almost felt normal once again. Its funny how you make a man like him smile and sigh in relief, just by your presence. And he doesn't care what he did do somehow deserved you again - all he could do is being grateful for that.

☆ Homicidal Liu

You manage to meet Liu on one, ordinary night. Even if he looked, oh so diffrent, then inside you could still recognize his past self. When it comes to Liu, he couldnt believe his luck in that moment. He craves for sense of normalcy like nothing else, its his only true wish..but now you are here again? He start to remember all this nice moments from his childhood..you were in all of them! Even if he didnt recognize you at first, he felt so many strong emotions and could find something familiar..and like that after a quick chat you finally were in eachothers arms once again. There you were..his only hope and only love, you have no idea how long he had waited for you - and when he finally got you, he wont let you go again.

☆ "Ticci" Toby

After everything he had done, Toby really became all this names they used to call him in school - he was a monster, a freak in fact. Could you even look at him in the same, sweet way you used to as a kid? He was scared, constantly scared..so he didnt made a first move. Until that day. When he finally saw you again, he finally felt at peace. The feeling when you were again in his arms felt like coming home from a long journey. He was able to feel the same thing, the same love and care from you. And he already felt much better, just from seeing your smile again.

☆ Eyeless Jack

He was sure you wouldn't recognize him..now he was a monster after all, a inhuman being, a demon straight from poeple nightmares. But he wished, he dreamed that you would look at him in the same way - they way you used to when everything was normal. Meeting you again made him so incredible happy..he almost feel human again! All he could do was just hug you, and sob quietly.. you had so much to talk about, but you have time for that..the only thing that matter is you right now.

☆ Ben Drowned

Ben wasnt the same person you used to cherish and care for..shit, he wasnt even a person, a human anymore. So was he still worth of your friendship? Your sweet words and hugs? Was he even worth looking at you? But he finally decide to meet you once more, he had all eternity and he needs you to make it worth exisitng. So when he showed up at your doors? He had it all planned, the things he will do and say..but just seeing you made him tear up and look in guilt to the ground. His always cool and smug persona, was replaced with the seriousness and culpability. And when you took him into your warm embrace? When you started to shush him ,a dcomfort him? He felt at peace once again, almost like nothing else matters but you both. You already made him the happiest and nothing can compare to you, nothing else in this world.

.•┈••✦ 🖤 ✦••┈•.

[crimsoncold]

WHAT IT FEELS LIKE IN THE HOTD FANDOM RIGHT now as someone who is disappointed in the show's handling of team green and really just critical the show's writing in general

Team Green Stans and/or HOTD critics:

"I know I'm going to get a barrage of criticism or even hate/harassment for saying this but...

HOTD's writing is rather biased and strays from the source material in ways that are frequently ridiculous, fails to actually improve the story, and totally ignores the anti-war and the general targ/ruling class critical tone of GRRM's writing.

Yes villain or dark character centric shows can be really good even when the purpose of the story isn't to condemn their actions- BUT purposefully changing an adaptation of a story so that it no longer contains the original message/themes that did criticize the characters and their actions is at the very least a questionable writing choice.

The characterization and the messages of the show are inconsistent in a way that doesn't feel intentional or in order to make a point- instead it just doesn't make sense. ALL characters suffer due to the choices of the writers/showrunners- including team black- but team green is obviously getting the worst of it (seriously its cartoonishly bad). It's all so nonsensical and frustrating that it's getting harder and harder to watch- really at this point its no longer even a fun bad! show that can still manage to be entertaining even when the story itself sucks.

Much like with d&d with the later seasons of GOT it's disappointing to see the poor quality of work coming from paid professional writers, this could have been a show about a tragic and dramatic conflict between characters who are mostly bad people yet are still compelling or sympathetic and instead we got ...well...this."

Some Team Black Stans:

"Come on people HoTD is an adaptation so of course things will differ from the books but the show still stays true to the heart of the book, the changes were not a big deal- in fact some were good choices by the showrunners making more disturbing and violent aspects of the book more palatable for the audience without lessening their emotional impact... B&C was toned down not to whitewash team black but because no one should want to see the multiple child homicides from the book take place on screen...and the violence here really isn't as important to the plot as it was for say GOT's red wedding... toning the violent or horrific nature of these deaths down and having it occur off screen is the right thing to do! It's still sad- and this way we didn't need to traumatize the actors OR the audience!

Really people just stop complaining... both sides of the conflict are presented as EQUALLY culpable and in the wrong as the other side, team green stans are just missing the subtle points being made in the show and are exaggerating when they criticize the writing or supposed inconsistent characterization and accuse the showrunner's of being biased.

These TG stans are just being so mean and should stop criticizing the writers/showrunners-who are just doing their job!- and even if they feel they have to criticize the writing it's really just so inappropriate to ever specifically name the writers/showrunners when doing so! It's one thing for fandom to anonymously criticize other fans- especially since TG Stan's takes are so misguided that they obviously need someone to explain to them how they are misinterpreting things- but criticizing the professional writers and showrunners through tumblr posts is out of line! Its not the writer's fault that Alicent and TG are hypocritical or less likable than TB- that may just be how they are in canon- to say that the storytellers are purposefully changing things to make TG less sympathetic or competent than they were in the books and to set them up as the unlikeable antagonistic opposite to the now more tragic and heroic TB is a ridiculous accusation!"

Other Team Black Stans:

"Daemyra is just the best ship, they have loved eachother since she was a teenager and now after years of pining and being kept apart they are finally free to be together, you never see supportive or healthy relationships like this in asoiaf, we stan a man who will do literally anything and kill anyone for his niece wife.

Lucerys was just an innocent baby when he sliced up Aemond's face, he was just protecting his big brother, it only happened because he was afraid for their lives! Viserys made the right choice not to punish anyone since the team black kids only attacked Aemond after he stole Rhaena's dragon and Lucerys was only using self defense when he used a knife on Aemond. Most especially Lucerys and his mother didn't deserve to be attacked by that bitch Alic*nt. And Rheanyra trying to have Aemond tortured for calling her sons bastards was just her being a rightfully protective mother! Team Green means her family harm and no way will a bamf like Rhaenyra let that slide... this is what a good mother does not like that terrible Alic*nt! Lucerys' death was so tragic can't wait to see a grieving mother get her revenge... TG believes in an eye for an eye don't they? Well how will they like a son for a son?

TG stans keep saying that Rhaenyra is just as violent entitled and problematic as anyone else on hotd! They are so wrong! They are just delusional haters that can't stand to see a woman have sexual freedom and be in a position of power! She is the better daughter/wife/mother and the only people she hates are the ones who deserve it!

See she isn't evil like the Hightowers- B&C was an accident and the book description was exaggerated to be used as propaganda against Rhaenyra- she didn't even know it was happening. It wasn't even team blacks intent to kill little Jaehaerys only to kill Aemond- but he's a kinslayer so them sending someone to assassinate their nephew/brother is totally in the right and not something any character in canon would judge them for!... Rhaenyra is just too good of a person to wish harm on any of her innocent family members. Everything that happened to Rhaenyra, Rhaenys, and Meleys is just so tragic... they are the only true queens in this series ...god i wish all of their pain was only experienced by team green lol.

You know what ...are TG stans children or something? Why do they keep complaining that team green is being unfairly villainized to make team black look better? Don't they know they can just watch a show where the characters are flawed/bad people without needing the story to spoon feed the audience the message that bad people need to be condemned? Why do they take things so seriously? Why is this their whole personality? Get a life and stop overthinking a book/tv show -not everything needs to be deep you know so just shut up and enjoy watching the dragons destroy things.

But for real how can you people stan misogynistic women haters like team green or a trad wife/women for trump like Alic*nt? Like yikes what does your fictional character preferences say about you as a person. Hey EVERYBODY look these weirdos are really out here defending and woobifying violent predatory and sexist characters like team green! This fandom is the worse i swear lmfao."

Meanwhile...

Showrunners/Writers:

"What if the civil war, brutal violence, and tragic kinslaying that happened in the dance of dragons was really just a series of accidents and misunderstandings?

What if Rhaenyra and Alicent were friends who never really hated one another, and Alicent was pining for Rhaenyra's friendship and acceptance for the last 20 years, what if neither of them even wanted to go to war?

Who cares about house stark or the pact of ice and fire, or Jace's interactions with Cregan or Sara? You know what Sara Snow doesn't even exist, Jon i mean Jace would never betray his betrothal/loyalty/vows to his dragonrider soulmate and future wife for some stark girl! This whole stark side plot isn't important lets just go back to the dragons!

What if Rhaenyra wanted the throne because she knew that from her descendants the prophesied saviour/prince that was promised would be born? What if instead of her surviving son Aegon being so traumatized by the horrors of this meaningless war that he actually hated and feared dragons afterward- and supposedly was even responsible for killing the last one- it is Rhaenyra who was actually responsible for saving Daenerys' future dragon eggs- and thus she the one who ensured the return of dragons to Westeros! It will be Rhaenyra through her choices and her descendants that will be responsible for saving the entire realm and defeating the others with dragon fire!

What if Alicent pushing her son to be crowned was all because she was a fool who misunderstood the words of her dying husband NOT because she felt her son was unfairly robbed of his birthright by his father?

What happened with Daenerys in the later seasons of GOT was so unfair- just terrible writing -she NEVER should have been made out to be a mad queen and i bet Rhaenyra wasn't actually a cruel or violent ruler either! I bet it was the men who slandered her, and the men who were pushing for war and violence while all the women were actually trying to keep the peace.

Wait...wait.... What if everything in the book that criticized Rhaenyra was actually propaganda made by her enemies to ruin her reputation!?!!? Yeah B&C and team black arranging the horrific murder of a child? That story was TOTALLY team green exaggerating the violent murder of their child/grandchild. Daenerys I mean Rhaenyra deserved so much better... and all the injustices that happened to her will be the most impactful and tragic element of this show.

What if TG didnt actually have strong bonds with their dragon or spend much time riding them?... just more propaganda! Yes! CGI is expensive so this also means we dont really have to show their dragons unless they are fighting the blacks. Team Black's bond with their dragons is much more powerful and important though so we should still show them spending time together and riding them.

What if the book description of the respect and loyalty team green had to one another and the terrible grief they felt at the loss of their family members was ALSO just team green propaganda? What if Alicent only ever struggled as a mother and failed to connect with her kids and actually didn't even like or respect her children? How many kids did she have anyway? Three? Yeah that sounds right. Oh wait! Wait! What if none of TG got along with or trusted one other? No...no...What if they actually hated and betrayed each other? YESSSS!!!!!!!

Team black and their descendants are the true Targaryens, no one is really interested in the boring team green anyways so at least these changes will make them more interesting and better foils for team black! This type of story is exactly what people want I just know they are going to love it."

NOTE: (because i know idiots will be lurking in the anti tags to complain or harass people)

this is mostly meant to be very critical of the showrunners and somewhat critical of a specific type of stanning behaviour and the weird criticism or harassment that gets directed at people who like team green or who criticize hotd - sure i may be exaggerating slightly for effect but l'm STILL pulling from real posts/comments/opinions that I see from TB stans ...Like sure they aren't putting ALL of this in a single post but collectively this is definitely the type of attitude and language many TB stans have

Fandom is just about enjoying a special interest - I dont actually care about or want to police who you stan or ship. I DO care that some of you purposefully and directly harass real people because you disagree with their opinion on fictional characters and that some of you leave uncharitable, ignorant, critical, or unpleasant comments on properly tagged Team Green/anti or TB critical/or hotd critical posts.

Most of all i just find it really funny the juxtaposition there is between how underwhelming and juvenile the show's storytelling choices are compared to how eloquently, persistently, or vehemently fans will write up either criticism or defense pieces for these characters, this objectively bad show, and it's deeply unimpressive writing... like sure some fans put more effort into understanding the source material and comparing it to the show and some put more effort into criticizing or defending the show,the writing, or specific characters but collectively nearly all of us are putting in more time, effort, and thought into hotd than ANY of the showrunners/writers.

In conclusion Guys just like or dislike whatever show/characters you want...you don't have to justify the things you like by being willfully in denial about what canon sources say/the nature of certain characters/or the quality of the show's writing. You definitely don't need to be disrespectful or attack people on behalf of fictional characters or the well paid hbo showrunners/writers.

[voxina]

Liam's death investigation official update

The head of the National Criminal and Correctional Court No. 34, Laura Bruniard, processed last Friday the five people accused in the framework of the investigation that the Public Prosecutor's Office carried out on the death of Liam James Payne, which occurred on October 16 when the 31-year-old British musician fell from the balcony of the hotel in the Buenos Aires neighborhood of Palermo where he had been staying for three days. Three of the accused were processed without preventive detention for negligent homicide, and the other two for the crime of supplying narcotics, and they were ordered to preventive detention.

The defendants were charged at the time by the head of the National Criminal and Correctional Prosecutor's Office No. 14, prosecutor Andrés Esteban Madrea, who investigated the circumstances of the incident from the beginning.

RLN, the victim’s representative who accompanied Payne on this trip to Buenos Aires to obtain his US visa again; the hotel manager, GAM; and the head of reception, ERG; are the three accused of “culpable homicide,” a crime contemplated in article 84 of the Penal Code (CP) and which provides for a sentence of 1 to 5 years in prison for anyone who “through imprudence, negligence, lack of skill in their art or profession or failure to observe the regulations or duties in their charge causes the death of another.” The judge also placed an embargo on all three of them for 50 million pesos each.

Meanwhile, the EDP hotel employee and a waiter whom Payne met in the Puerto Madero neighborhood and whose initials are BNP, were prosecuted for “supply of narcotics,” a crime specified in article 5, section “e” of Law No. 23,737 on Narcotics, which provides for a sentence of 4 to 15 years in prison. Both were given preventive detention and five million pesos in assets were seized.

In the case of RLN, Payne's companion during his stay in Argentina, there was a difference in the criminal classification chosen by the judge, since the prosecutor Madrea, when charging him and requesting his questioning, had done so for more serious crimes: abandonment of a person followed by death - contemplated in article 106 of the Criminal Code and which carries a sentence of 5 to 15 years in prison -, as the author, in ideal competition with supply and facilitation of narcotics.

"Bringing Payne up to room 310 in that state, where he was staying, was creating a legally unacceptable risk to his life," the judge said.

The accusations

In the resolution, Bruniard transcribes the five charges formulated by the MPF at the time of the investigations and whose details are as follows:

EDP ​​(hotel employee): He is accused of having delivered cocaine, for a fee, once on October 15, 2024, at 3:25 a.m., and the next time on October 16, 2024, between 3:30 p.m. and 4:00 p.m., for Liam James Payne to consume during his stay at the Casa Sur Palermo hotel, located at 6032 Costa Rica Street in this city.

BNP (waiter): he is accused of having delivered cocaine, for a fee, on October 14, at 3:24 a.m., for Payne to consume at the hotel, where he even accompanied him to room #310, checking in with him, between 3:25 a.m. and 8:15 a.m. when he checked out. Also, on the same day, he is accused of having delivered more cocaine, for a fee, for the accused to consume, between 10:03 a.m. and 10:44 a.m., on which occasion Payne went to the defendant's home, at 400 Agüero Street in the Federal Capital, traveling in a taxi and returning to the hotel.

RLN (representative): he is held criminally responsible for the death of Liam James Payne through the execution of actions and omissions in the period prior to and contemporaneous that culminated in Payne falling from the balcony of room No. 310 corresponding to the Casa Sur Palermo hotel […]. Thus, the accused N. failed to comply with his duties of care, assistance and aid that he had towards Payne due not only to a pre-existing legal duty but also to specific functions of guidance and personal accompaniment, previously coordinated and accepted by the relevance and activities of his profession, abandoning him to his fate, knowing that he was incapable of caring for himself, knowing that the accused suffered from multiple previous addictions - to alcohol and cocaine - and having full knowledge of the state of intoxication, vulnerability and helplessness in which he found himself.

GAM (hotel manager): She was present in the lobby at the time prior to the events and noticed the state of health of Lyam James Payne, who was unable to stand due to the consumption of various substances. The manager was in charge of the establishment and allowed, at least by omission, for Payne to be taken to his room moments before his death. In the room, number 310 of the Casa Sur Palermo hotel, there was a balcony that, given the detailed situation, was a source of risk for Payne. […] The conduct that M. should have carried out was to keep him safe in an area without sources of danger, in company and until medical care was provided for him.

ERG (hotel reception manager): was present in the hotel lobby at the time prior to the events and noticed the state of health of Lyam James Payne, who was unable to stand due to the consumption of various substances. G. led a group of three people who dragged Payne to his room moments before his death. In the room, number 310 of the Casa Sur Palermo hotel, there was a balcony that, given the detailed picture, was a source of risk for Payne. […] The conduct that G. should have carried out was to keep him safe in an area without sources of danger, in company and until he could be provided with medical care.

"I maintain that the person named tried to leave from the balcony of the place where he was left because the forensic experts noted that he did not lose his balance. This is how the fall occurred," explained the magistrate.

The supply of drugs

In the case of the EDP hotel employee, Bruniard said he shared "the prosecutor's theory that the accused provided cocaine to Payne for a fee."

Based on testimony and analysis of some of the footage, he mentioned that the accused received “100 dollars” from the victim in exchange for buying drugs from him and that, on another occasion, the British musician sent a car to the defendant’s home in the Buenos Aires district of Lomas de Zamora to bring him more narcotics.

Regarding the waiter BNP - who in his defense admitted having given drugs to Payne but stated that he did so to spend time with him - the judge also agreed with "the prosecutor's thesis that the delivery of cocaine was for money."

To do so, he evaluated the chats between the musician and the defendant that talked about it, the hotel footage that captured the waiter's arrival at the hotel in the early hours of October 14 and his departure almost five hours later, and the fact that "Payne asked for money at the reception desk while the defendant was in his room."

"In this case, it was proven that both EDP and BNP supplied cocaine in exchange for money to Liam James Payne," Bruniard said, supporting the MPF's accusation.

The judge's thesis 

In the grounds of the indictment, and after analyzing and validating the evidence collected by the prosecution, the judge developed her own "thesis" on what happened to the former leader of the band One Direction .

Bruniard stated that “it was proven by the testimonies gathered by the prosecutor that Liam James Payne had a history of addiction.” In this regard, he explained that he was seen demanding cocaine and alcohol by the staff of the Casa Sur Palermo hotel and that “the autopsy performed on his body showed that the death was caused by multiple trauma and internal and external bleeding,” and that “the presence of cocaine and alcohol in large quantities was confirmed.”

“On October 16, moments before 5 p.m., Payne was unable to care for himself,” the judge noted, pointing out as evidence of this the photograph incorporated into the case, which corresponds to the footage taken by a camera in the hotel lobby, where at 4:54 p.m. the musician was seen unconscious and being dragged “by three people.”

“The way he was being handled shows a state of vulnerability,” the judge said, referring to the situation of the hotel manager and receptionist, stating that “bringing Payne up in that state to room 310 where he was staying was creating a legally disapproved risk to his life.”

“Payne’s consciousness was altered and there was a balcony in the room. The proper thing to do was to leave him in a safe place and with company until a doctor arrived. The people responsible at the hotel that day were the manager GAM and the head of reception ERG,” he added.

When analyzing the hotel security camera recordings presented by the prosecution, Bruniard also highlighted that thanks to them it was possible to observe that the head of reception ERG “is the one who led Payne to be dragged to his room” and that “the images are compelling” when this defendant and the manager GAM are seen moments before 5 p.m. “in the hallway of room 310,” and that minutes later the victim was found dead in the restaurant's patio.

Payne wanted to leave through the balcony

In another section of the ruling, the judge mentioned that, according to her hypothesis, Payne did not faint when he fell into the void, but that, in his state of intoxication due to polydrug use, he tried to leave the room through the balcony and thus fell.

“I maintain that the person named tried to leave from the balcony of the place where he was left because the forensic experts noted that he did not lose his balance. This is how the fall occurred,” explained the magistrate, who to support this theory mentioned an extension of the report of the Forensic Medical Corps and an ocular inspection carried out on December 5 at the Casa Sur Palermo hotel, in which the magistrate herself participated.

“I believe that M. (manager) and G. (head of reception) did not act maliciously in relation to the singer's death, but they were imprudent in allowing him to be taken to the room and taking him there respectively. They created a legally disapproved risk and Payne's death is the concretisation of that risk. The named man tried to leave via the balcony, in the state detailed, he fell into the void and died,” he concluded.

According to the forensic experts, Payne fell into the hotel restaurant's patio "without any sign of defense," which caused multiple injuries to his body, especially to his head after hitting the concrete support of an umbrella directly.

"Payne's consciousness was altered and there was a balcony in the room. The proper thing to do was to leave him in a safe place and with company until a doctor arrived," the judge said.

The situation of the companion

Regarding RLN -who assisted Payne during his stay in Buenos Aires-, the judge held that “he is responsible for the crime of negligent homicide as the perpetrator given that he had assumed a position of guarantor in front of the family of the deceased.” Based on testimony statements and analysis of communications and messaging chats presented by the prosecution, she added that “it is evident that this defendant was Liam James Payne's contact for the hotel.”

She explained that RLN was present at the hotel moments before the dangerous situation occurred and this is supported by the images that show him leaving Casa Sur at 16:11 - some 50 minutes before the incident. "I believe that at that point, given the results of the autopsy, Payne's state of vulnerability was evident. N. could not trust that the rest of the hotel staff would act appropriately," the magistrate assessed, beyond the continuity of the investigation.

The rating

In justifying the criminal classification chosen for the three defendants for negligent homicide, the judge explained that "the situation of these defendants can be treated jointly, although each one must answer as the author for their act given that there is no co-authorship in the negligent crime and the way in which they have created the risk situation, which resulted in Payne's death, is different."

“In this specific case, I do not consider that N. (representative), M. (manager) or G. (head of reception) planned and wanted Payne’s death. They did not imagine the outcome but they created a legally disapproved risk. M. created this, in his role as manager of the establishment, by allowing Payne to go up to room 310. G. did so by leading the group of people who took Payne to the aforementioned room. […] What happened was foreseeable,” he said.

"In the case of N. (representative), he should have consulted a doctor given the commitment made to the family of the deceased. He should have done this without relying on what the hotel employees could do," he assessed.

Finally, the judge considered that "the three people who are being prosecuted have contributed, although not in a planned manner, to creating a risk that resulted in Payne's death, whether by action or omission."

Precautionary measures

In justifying the pretrial detention of the hotel employee and the waiter, Bruniard took into account the expected sentence for the crime for which they were prosecuted, which does not allow a suspended sentence.

Regarding the three defendants charged with manslaughter - who were not given preventive detention - the magistrate indicated that there were no procedural risks, that they have roots and that the sentence does allow for a suspended sentence. In any case, the prohibition against RLN, a US citizen, was upheld in order to guarantee his permanence in the country.

[SOURCE]

[townpostin]

ADJ-3 Court Jamshedpur Sentences Two in Culpable Homicide and Robbery Case

Eight-Year Rigorous Imprisonment for 2016 Marine Drive Incident Verdict follows tragic death of woman protecting her child during attempted robbery. JAMSHEDPUR – The Additional District Judge-3 (ADJ-3) Nishant Kumar’s court has sentenced Azhar Imam and Mohammad Asif to eight years of rigorous imprisonment in a case of culpable homicide and robbery. The court also imposed a fine of Rs 20,000 on…

[scotianostra]

Anthony “Tony” Miller became the last person to be hung at Glasgow’s Barlinnie prison on December 22nd 1960.

Miller worked in a team with a 16-year-old accomplice in a “queer-rolling” racket,  the younger James Denovan would lure a mark , then Miller would jump him and turn a 2-against-1 robbery. 

The 19 year old  had been convicted at the High Court of Glasgow the previous month in a trial lasting just three days. At that time, those found guilty of murder in which robbery was a motive were automatically sentenced to death. It did not matter that Miller was a first time offender.There was no doubting the gravity of the crime he had committed. John Cremin, a 48-year-old described as a general dealer and petty thief, was battered around the head with a plank and left for dead under a bush in Queen’s Park. His body was found three days later by a dog walker.

Cremin was a victim in a series of violent muggings perpetrated by Miller and his 16-year-old friend and accomplice James Douglas Denovan.

Queen’s Park was known in the city as a pick-up destination for gay men. Homosexuality was still illegal in 1960 and random assaults on those considered ‘queer’ were commonplace.

Denovan later described in court how he was used as bait. When a man approached him, Denovan would entice them to a remote corner of the park where Miller would step out and demand they handed over cash and valuables, using violence if necessary.

It was a system the duo repeated on several occasions for more than a year. They knew their victims would be unlikely to go to the police for fear of being exposed as gay.

But the robbery on April 6, 1960 went very wrong. When Cremin’s body was found, it was initially presumed he had fallen when drunk. Following a police post mortem, a murder investigation was launched.

Undeterred, Miller and Denovan continued their string of robberies. When the latter was eventually arrested on a charge of indecency, the game was up.

Police found in Denovan’s wallet a newspaper clipping on the discovery of Cremin’s body. When questioned, he broke down and confessed.

At the trial in November, the youngster gave crucial evidence against Miller. It took the jury 33 minutes to return a guilty verdict.

Denovan, viewed in the eyes of the law as a minor, was sentenced to indefinite detention. When it came to Miller, judge Lord Wheatley reached for his black tricorn and sentenced him to death by hanging.

Miller’s parents began an immediate public campaign to have their son’s sentence commuted to life imprisonment. From a stall in Glasgow city centre, and with the help of many volunteers, they amassed more than 30,000 signatures.

The appeal court dismissed the case out of hand, and calls for the then Secretary of State for Scotland to recommend the royal prerogative were ignored.

Len Murray, who would become one of Scotland’s most respected lawyers, oversaw Miller’s appeal.

“There was something unreal about this. At the age of 27 and with only three years’ experience as a qualified lawyer I had heard a sentence of death upon this client, a boy of 19,” he wrote in The Herald in 1995. “Most judges would have given a jury the option of bringing in a verdict of culpable homicide had they wanted. That would have been one way for the jury to avoid returning a capital verdict which juries did not like to bring in.But Lord Wheatley was  never a judge for soft options.”

The story of Miller’s short and ultimately tragic life would be retold in the 2010 play, Please Mister, starring David Hayman. It is believed his last words on the scaffold was, 'Please Mister'.

According to his lawyer, Miller, withdrew into himself after being sentenced for the capital crime of murder in the course of furtherance of theft – the botched mugging of a gay man lured by his 16-year-old accomplice – resigning himself to God's will.

The Evening Times reported: "Dawn was breaking over the bleak prison building as Miller walked the short distance from the death cell to the scaffold at 8am.

"And outside Barlinnie - although thousands had signed a petition asking the Secretary of State to spare Miller's life - only three people waited." Those three people included two men who told reporters they were passing by and happened to be interested.The other man Bob MacDonald, of Duke Street, said it was the first time he had ever stood outside the prison at an execution.He described himself as opponent to capital punishment but said Miller's case was justified

I myselfam anti capital punishment and think culpable homicide (manslaughter) should have been offered to the jury, I very much doubt that murder was on the to boys minds that night.

[maykitz]

from dialogues like this in the turnabout goodbyes case you can infer that the japanifornian legal system has not only done away with the crime of manslaughter as a less culpable form of homicide entirely and just classes all unlawful killings as murders, but that it also equally punishes accidents even entirely regardless of negligence, appears to have no minimum age of criminal responsibility and does not recognise self defense or defense of a third party. so hypothetically they would try a baby for murder. but i also just find it funny to read that at face value cause.. no the fuck it's not. being not-accidental is kinda the defining characteristic of a murder mr lawyer

[ilydeku]

listen.. listen.. izuku doesn’t have time for reader because of being a pro hero ANGST.

BREAKING MY HEARTTT

culpability | izuku x reader

Your eyes fluttered open, waking up to the sound of items being shuffled around and bags being zipped up downstairs. At first, you suspected it to be a robbery but your thought changed when you realized Izuku wasn't in bed with you. You leaned over your nightstand and checked your phone. 11:38. What could he be doing up so late? Naturally, you got out of bed, stepped into your white fluffy slippers, and quietly headed downstairs. Your eyebrows furrowed as your eyes adjusted to the darkness, the living room coming into view. Izukus's back was turned and he seemed to be packing clothing and toiletries in, not one, but three large suitcases.

"Izuku..." He turned around, surprised by your sleepy voice. "...where are you going?" He gazed upon you with grief.

"I told you, y/n, remember? I have to go on a month's trip to America for a crisis that's been occurring throughout the state. Illegal activities like quirk disabling and amplifying drugs have been being processed throughout the state. Raids, arson, and homicide have also severely increased. America's hero council contacted top heroes from around to world to address the situation until the numbers start to fall," explained Izuku.

"What?" Your eyebrows furrowed once more. You leaned against the stair railing and crossed your arms over your chest. "You never told me this?"

Izuku frowned.

"I did. I said it on the phone last week-"

"But you didn't tell me this was a month-long trip, did you? You said it was for a week."

"I..." He averted his eyes out of guilt, turning around to continue packing. He could feel your eyes burning through him. He could feel you as you stepped closer and closer to him. He could feel every emotion emitting from you. "...I need to do this y/n, it's important." You huffed forcefully, temper clearly shown. Hero work, hero work, hero work. That's all he seemed to care about. There are some times when you wish he hadn't pursued the occupation, but you know that's wrongful thinking. But why doesn't he get it? He has a loving wife and two beautiful children. Does he not see the responsibility here?

"You know what's more important? Being here as a father for our 9-year-old son and 5-year-old daughter, yeah? You never spend enough time at home and you're always off to work every day, barely anytime to say hello or goodbye to them!" You snapped. Clearly, he wasn't paying you any mind.

Izuku sighed. "...It's only one month y/n, I promise I'll be ho-"

"So you're just going to leave us here? How the hell am I supposed to put food on the table when I have to be here with the kids?" Your voice grew louder and louder with every word, your teeth practically bearing. To you, it might've seemed he was ignoring you, but it's quite the opposite really. He flinched a bit with every shout of your voice. He's never seen you with so much fury. It made him miserable hearing your cries and shattering enrage. He stood up and turned around, placing his hands on your waist.

"Don't worry, y/n. The government will be paying us when I'm gone...I have to go soon. There are helpless people out there who need a hero to save them, criminals, to be captured, and chaos to be fought away. I'm sure you'll be f-"

SLAP

Izuku's eyes widened in shock. Your body dropped down to the floor, your hands hiding the flowing tears, followed by erratic breathing. Your face was burning with stress, anger, and sadness. You wanted to apologize for inflicting pain on him, but at the same time, you hoped that it stung as much as his actions did. How could he leave all of a sudden? For a whole month too? What if something bad happens to him? What would happen to you and your kids then? Izuku's reached his hand up to his cheek, still in shock by your measures. He stared down at your broken figure.

"Y/n...-" He crouched down to you and held out his calloused, scar-driven hand. The hand that intertwined with yours on your first date. The hand that slipped the diamond ring on your finger.

You slapped it away.

"No, Izuku. Just go." By then, your little ones were already up, quietly listening from upstairs. "Just go already. Maybe you shouldn't even come back. Leave us here." Tears were falling down his own face. His heart ached from hearing those painful words. He huffed, picking up his luggage and walking towards the front door. As he was about to leave, he muttered, "I'll be back soon," and left without another word. As the front door closed, you shot up and ran to it, swinging it wide open to see Izuku still in view. You clenched your jaw as tears threatened to fall again.

With all your anger, dejection, and sorrow, you cried out at the top of your voice, "You call yourself a hero!? You go around liberating society and its strangers, but you can't even save your own family!?"

He stopped dead in his tracks and turned around. There were no tears, no cries, yet he held the most remorseful expression you've ever had the heart to discern.

But he kept going, walking until he was out of sight, into the abyss of darkness you pray he'd never fall into.

support me? :)

[seemabhatnagar]

Supreme Court Distinguishes Between Murder and Culpable Homicide in Man Bahadur Singh Case

The Supreme Court's judgment underscores the nuanced distinction between murder and culpable homicide not amounting to murder. By applying Exception 4 of Section 300 IPC, the Court acknowledged the spontaneous and unpremeditated nature of the incident, thereby delivering a just and appropriate verdict.

Man Bahadur Singh & Ors v. The State of UP

Crl. Appeal 2209/2024

Before the Supreme Court of India

Heard by Hon'ble Mr. Justice Sudhanshu Dhulia J & Hon'ble Mr. Justice Ahsanuddin Amanullah J

Facts of the Case:

On April 19, 1984, at around 2:00 pm, a fight broke out between children from two families over mangoes. This minor scuffle escalated when the adults got involved, leading to an altercation between the families.

During the fight, the appellants, armed with lathis (wooden sticks), attacked Vishwanath Singh, the father of one of the children involved. Vishwanath sustained severe injuries and was transported to a hospital in Gonda by bullock cart, where he was declared dead.

The postmortem report indicated five antemortem injuries on Vishwanath Singh's body, with injuries on the head being fatal:

Two lacerated wounds on the head caused skull fractures.

Additional abrasions on the forearm and leg.

Multiple eyewitnesses, including an injured witness, corroborated the sequence of events leading to Vishwanath Singh's death. Their testimony was consistent and reliable, establishing the appellants' involvement in causing the injuries that led to the death.

Legal Proceedings:

Trial Court: The III-Additional Sessions Judge, Gonda, convicted the appellants under Sections 302/147/149/323 of the Indian Penal Code (IPC), sentencing them to life imprisonment.

High Court: On appeal, the High Court upheld the convictions and sentences for the surviving three appellants (Man Bahadur Singh, Bharat Singh, and Bhanu Pratap Singh).

Supreme Court's Analysis and Decision:

The Supreme Court focused on whether the case constituted murder or culpable homicide not amounting to murder under the provisions of the IPC. The key distinction lay in whether the act fell under Exception 4 of Section 300 IPC:

Exception 4 of Section 300 IPC:

"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's having taken undue advantage or acted in a cruel or unusual manner."

Points Considered:

Lack of Premeditation: The Court noted that the incident was not pre-planned. It stemmed from a spontaneous quarrel over children fighting for mangoes.

Nature of the Fight: The altercation was a sudden fight in the heat of passion, not a calculated or deliberate act to commit murder.

Weapon Used: The weapon involved was a lathi, typically not considered inherently deadly.

Nature of Injuries: The fatal injuries were caused during the heat of the moment, without any undue advantage or cruelty on the part of the appellants.

Judgment: As such this is a case of Culpable homicide not amounting to murder.

By applying Exception 4 of Section 300 IPC, the Court acknowledged the spontaneous and unpremeditated nature of the incident, thereby delivering a just and appropriate verdict.

Seema Bhatnagar