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      Question

      Under Section 102, if A fires a shot intending to kill B but instead kills C, the culpable homicide committed is classified as:

      A Only the lesser offence between B and C Correct Answer Incorrect Answer
      B As if C was the intended target Correct Answer Incorrect Answer
      C As if B was the intended target Correct Answer Incorrect Answer
      D Manslaughter Correct Answer Incorrect Answer
      E Not culpable homicide Correct Answer Incorrect Answer

      Solution

      Section 102 says: “…the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.” Thus, the law treats it as if B (the intended person) died.

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