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Sangit S/O Rajaram Ingle (In Jail) vs The State Of Maharashtra, Thr. P.S.O. ... on 15 March, 2019
cites
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 299 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 504 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Jayaraj vs State Of Tamil Nadu on 30 March, 1976
23. So also in case of Jayaraj vs. State of Tamil Nadu,
reported at (1976) 2 SCC 788, the Hon'ble Apex Court
convicted the appellant under Section 304, Part I of IPC. The
deceased died after 10 days. The question was whether the act
falls within the purview of clause (b) of Section 299 or clause
(3) of Section 300 of IPC. Sufficiency to cause death in
ordinary course is the test for application of clause (3) of
Section 300 of IPC. Medical Officer has not candidly opined
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apeal195.16 13
about that and he simply opines "likely to cause death". It
weighed the mind of the Hon'ble Apex Court.
Dashrath Singh vs State Of U.P on 13 August, 2004
In case of Dashrath Singh vs. State of U.P., reported
at (2004) 7 SCC 408, the Hon'ble Apex Court held the
appellant guilty for the offence punishable under Section 326 of
the Indian Penal Code instead of Section 302 of IPC. The
deceased was alive for 23 days after the surgery. The
prosecution did not adduce any evidence to show post-
operative condition of the patient. It was held necessary to rule
out any intervening ailment which is not connected to injury. In
that case post mortem was not conducted.