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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 ::: Uploaded on - 19/03/2019 ::: Downloaded on - 31/03/2020 15:45:54 ::: apeal195.16 13 about that and he simply opines "likely to cause death". It weighed the mind of the Hon'ble Apex Court.
Supreme Court of India Cites 7 - Cited by 28 - Full Document

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.
Supreme Court of India Cites 16 - Cited by 93 - P V Reddi - Full Document
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