Murder and Culpable Homicide versus Trauma and Disease: A Case-Based Forensic Pathological Review from the Perspectives of Penal Law in Selected South/South-East Asian Jurisdictions

The cause of death was given as acute posterior wall myocardial infarction due to right coronary artery atherosclerosis following a death of a previously healthy, chronic smoker who was found dead following a brief altercation. It was commented that “There were non-fatal, non-grievous injuries and in a setting of acute myocardial infarction and chronic ischemia with fatty metamorphosis, the stress induced by the said altercation could have led to an arrhythmic status causing sudden death”. The prima-facie question arising from a trial of such a case is the degree of culpability, namely (1) whether the alleged assailant has caused the death of the deceased? (2) If so, whether he/she qualify for the charge of (2a) culpable homicide not amounting to murder, (2b) culpable homicide amounting to murder or (2c) compete exoneration. This review discusses said vexing questions in a context of the penal law of the said jurisdictions.