304 IPC

There are many aspects to this.

The offence is intentional or not intentional?

Please provide complete facts in details before we provide our view in that.

Regards,

Pawan Saha

Hello,

If you could be more specific with respect to the facts we could assist you better.

I assume your query is pertaining to section 304 of the IPC, 

Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either descripttion 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 descripttion 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.

The deciding factor here would be the presence of mens rea or guilty intent,.

For more input do refer:

https://www.lawyersclubindia.com/articles/student-notes-ipc-death-by-negligence-11982.asp

https://www.lawyersclubindia.com/articles/culpable-homicide-murder-under-ipc-9009.asp

https://www.lawyersclubindia.com/articles/distinction-between-culpable-homicide-and-murder-8591.asp

https://www.lawyersclubindia.com/articles/can-murder-in-any-circumstance-be-treated-as-an-accident--51.asp
 

Thank you