Intentional Harm to an Unrelated Individual Resulting in Death
As Mr. Jawan Kamnavy To was walking in that area, Mr. Yai Saimkan mistakenly believed that Mr. To was Mr. Bumb. Every day, bullets struck Mr. To’s arms, resulting in burn marks, and that bullet subsequently struck Mr. Ouan, the father of Mr. To, one shot. What is the basis for this charge?
The answer is that Mr. Yai intentionally acted against Mr. Bumb, but he acted against Mr. To. It will not be permissible to raise the mistaken belief as a defense. Therefore, it is held that Mr. Yai acted intentionally against Mr. To.
Paragraph X – (Referring to Supreme Court Ruling 71/2493) Mr. Yai did not act continuously, but that act did not achieve its intended result. Mr. Yai acted intentionally and negligently, as per the Penal Code. The fact that the bullet strayed and struck Mr. Ouan constitutes an act of intentional harm to Mr. Ouan, who was the recipient of the harm resulting from Mr. Yai’s actions, and was done with premeditation. However, the punishment was not increased due to Mr. Ouan being the father of Mr. Yai. Therefore, Mr. Yai acted with premeditation and negligently in an attempt to kill Mr. Ouan (Section 289 (4), 80, 61).
The actions of Mr. Yai constitute multiple illegal acts. The law allows for punishment based on an attempt to harm Mr. To or an attempt to harm Mr. Ouan (referring to Supreme Court Ruling 241-242/2504).