Discussion
A is cutting wood with an axe at a place where children are playing nearby. Without any negligence on the part of A, suddenly the axe flies off and kills a child. A is liable for
Answer: D
A is liable for no offence.
Section 80 IPC: nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge, in doing a lawful act in a lawful manner by lawful means and with proper care and caution. Its own illustration is a man working with a hatchet whose head flies off and kills a bystander.
The question states there was no negligence, so causing death by negligence (Section 304A) does not apply. With no intention or knowledge, there is no murder or culpable homicide either.
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