...Bench of this Court vide order dated 07.05.2015. The allegation against the present petitioner is that he inflicted injury on left leg of deceased which is not cause of death, therefore on the ground of...of death of deceased- Dinesh is hemorrhage from brain by vertex injury which attributes to co-accused- Pushpendra who has already been released on bail (2 of 3) [CRLMB-11873/2017] by the co-ordinate...Order 12/09/2017 The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner in the matter of...

...allegation is to inflict injury upon arm and said injury is not cause of death. The specific allegation is against Jayanti and he has been already enlarged on bail, therefore, the sentence awarded to the...appellant is not entitled to be released on bail.4. Upon a consideration of the arguments advanced on behalf of the appellant, this Court is of the opinion that it is a fit case for suspending...reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear...

...cause of death of deceased. Further it is submitted that appellant is a woman and she was on bail during trial, therefore, the sentence awarded to the appellant may be suspended.3...shall also be placed in that file for ready reference.7. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the...trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail....

...fatal, notwithstanding the fact that such harm would not in the ordinary way of nature be sufficient to cause death of a person in normal health or condition. It is noteworthy that the “intention to cause death” is not an...(c) With the knowledge that the act is likely to cause death (4) With the knowledge that the act is so imminently dangerous that it must in all probability cause death or such bodily injury as is likely to cause death, and without any excuse for incurring the risk of causing death or such injury as is mentioned above.15. Clause (b) of Section 299 does not postulate...or the failure of the heart, as the case may be. If the assailant had no such knowledge about the disease or special frailty of the victim, nor an intention to cause death or bodily injury sufficient in the ordinary course of nature to cause death, the offence will not be...

...:“In my opinion the cause of death is shock and synocope due to multiple injuries …. All these injuries collectively can be sufficient to cause death in the ordinary course of nature. But individually no injury was sufficient in the ordinary course of nature to cause death.”4. The argument of Mr Prem is that the offence is not murder...mental attitude and this mental condition is the special mens rea necessary for the offence. The guilty intention in the first two conditions contemplates the intended death of the person harmed or the intentional causing of an injury likely to cause his death. The knowledge in the third condition contemplates knowledge of the likelihood of the death of the person.7. Section 300 tells us when the offence is murder and when it is culpable homicide not amounting...be likely to cause the death of the person to whom harm is caused. This knowledge must be in relation to the person harmed and the offence is murder even if the injury may not be generally fatal but...

...in the circumstances, if any, postmortem any injuries were caused to the deceased by the culprits, the first informant is not supposed to explain the postmortem injuries, which are not cause of death; that...death of Rameshwar, a person of criminal antecedent appears to have been committed by some unknown persons and since the real culprit is not known, the applicant has been falsely implicated on account...associates with common object attacked on the deceased and the fire made by applicant, hit deceased Rameshwar in his head resulting in his death on the spot and the brother of first informant Harish Chandra...

.... There is no explanation as to where he was moving or what he was doing from 11 a.m to 2.10 p.m and why he had lodged the report at 2.10 p.m when he had received the message of the death of his wife at 11 a.m He did not even mention that his wife was having burn injuries. It is now seen that the deceased was first strangulated and done to death and was then burnt. Under these circumstances, he was clearly not sure of the cause of...death of the deceased and so after consultation he did not specifically and designedly mention the cause of...cause of the death; in other words, whether it was due to strangulation or burning. If he were to mention that it was due to burns and if it had turned out to be false which in fact turned out to be later, it would be used against him. Obviously, therefore, he had not committed...

...of Order 22 of the Code provides that “the death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives”, thus, if the right to sue does not survive, the suit...an appeal Rule 1 would read: “The death of an appellant or respondent shall not cause the appeal to abate if the right to sue survives.” Thus, where there is only one appellant and he dies during the..., assault, as defined in the Indian Penal Code, or other personal injuries not causing the death of the party; and except also cases where, after the death of the party, the relief sought could not be enjoyed or granting it would be nugatory.”Section 306 speaks of an action and not of an appeal. Reading Section 306 along with Rules 1 and 11 of Order 22 of the Code of Civil Procedure, 1908, it is, however, clear that a cause of...

...accused has been assigned in the F.I.R. It is further submitted that cause of death of the deceased as found in the post mortem is cardiopulmonary arrest as a result of septic shock. It is also submitted that administering of acid is not cause...the main cause of the death of the deceased is administering the acid to her and this fact has been corroborated by Dr. Sachin Verma, who has conducted the posterm mortem of the deceased...of death of the deceased and the viscera has been preserved. It is further submitted that co-accused Rashid alongwith his wife, the deceased, lived...

...were six cuts … at various places, and digested food was flowing out from three cuts.”The doctor said that the injury was sufficient to cause death in the ordinary course of nature.8. The learned Sessions Judge found that the appellant was 21 or 22 years old and said—“When the common object of the assembly seems to have been to cause grievous hurts only, I do not suppose...offence of murder because the prosecution has not proved that there was an intention to inflict a bodily injury that was sufficient to cause death in the ordinary course of nature. Section 300...to cause death.”It was said that the intention that the section requires must be related, not only to the bodily injury inflicted, but also to the clause, “and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature...

...expresses mere apprehension of death and, therefore, it is inadmissible in evidence and does not come within the ambit of Section 32 of the Evidence Act (hereinafter referred to as “the Act”). He further submits that the note does not relate to the cause of...Counsel appearing for Respondent 2, however, submits that any statement—written or verbal, made under an expectation of death is relevant under Section 32 of the Act and need not necessarily be followed by death immediately. He submits that the letter recovered from the deceased discloses a relevant fact as the same has been made under apprehension of death and relates to its cause. Though...which the cause of death of the person making the statement comes into question. Indian law has made a departure from the English law where the statements which directly relate to the cause of death are admissible. General expressions suspecting a particular individual not directly...

...injuries, that was not cause of death. Actual cause of abetment was immoral life of Amarjit Kaurand Ram Ji singh was bringing outsiders in contact with Amarjit kaur.Therefore, evidence...death is not on account of injuries. The post mortem report shows only one abrasion present on left ankle joint. Therefore, in case both Chhinder Pal Singh and Surinder Kaur come at the spot and gave...on the record does not suggest the abatement on the part of Chhinder Pal singh and Surinder Kaur. Any person can be summoned to the trial along with other accused in the case there is some probable...

...only and Ex.B4 reveals death claim paid. The Ex.A3 to A5 are related to accidental death of the deceased. Hence the point is not cause of death, whether accident claim benefit is covered in the said...the life assured (LA) with 12% interest on it from the date of death of life assured till realization and to award costs and any other relief as deemed fit and proper in the circumstances of the case...Basic Sum Assured Plus bonus 2i.e., 100,000/- + Rs.29,300/-, but the LIC agent/G.Mallesham assured accident benefit at the time of making the policy and the same was not paid by the opposite party. In...

...solitary blow on the head of the deceased with the blunt side of the gandhala, can be attributed with the knowledge that it would cause an injury which was likely to cause death and not with any intention to cause the death of the...sufficient to cause death in the ordinary course of nature. This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender.”The learned Judge explained the third ingredient in the words:“The question is not whether...the ordinary course of nature was sufficient to cause death.9. Looking at the totality of the evidence, it would not be possible to come to the conclusion that when the...

.... No medical certificate was filed to prove the version of the complainant. No postmortem was conducted. No cause of death. The company came to know from the investigator that the insured died by falling down from a wall. Since form-B was not submitted...of 4 feet. It is unbelievable. The investigation report revealed that the assured was habituated to smoking and drinking. The cause of death is not correct. The first complainant gave a different..., Ex.B8 this claim form is different from the claim form under Ex.A5. The column no.5 of Ex.B8 is blank. Column no.5 of the document relates to the cause of death. However in that letter (Ex.B7), the first complainant stated that the assured died by falling from the wall while he was adjusting awhile. 8. At any rate, the death of the deceased was not a...

...was not cause of death in ordinary course of nature. It is also argued that for the incident took place on 28.6.2013, FIR was registered for offence under Sections 341, 323 and 451 of I.P.C and on the...counsel for the petitioners submits that the deceased was not died due to the injury caused in the incident but in fact deceased died due to negligence on the part of the doctors of the private hospital...but at the time of framing charge, the trial Court did not consider the above aspect of the matter and erroneously framed the charges for offence under Sections 302 I.P.C, against the petitioners...

...sustained such injuries which were not cause of death. Unfortunately, they culminated into fatality only at a later point of time. We also observe that it was a case where Anand was married with Chandrikaben.... This marriage was result of infatuation between the two. Then, Anand was having such habits which were not very conducive to the relationship of Chandrikaben and Anand. He used to spend his time in...mehfils. On the day of the incident, one of the children of the wedlock of Chandrikaben and Anandkumar was having birth day and Anand was not present. Therefore, Gangaben, mother of Anand, and...

...course of nature to cause death.4. The learned Counsel for the appellant has contended that the case does not fall within the ambit of Section 302 of the Code and that...cause death had resulted from a blow with a sharp-edged weapon, the same could not be said to have been intended, that the only injury which could be regarded as intentional was the superficial wound resulting directly from the blow, that the assailant could not be held guilty of an...or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z's death...

...to be fatal, notwithstanding the fact that such harm would not in the ordinary way of nature be sufficient to cause death of a person in normal health or condition. It is noteworthy that the “intention to cause death” is not an...intention to cause death or bodily injury sufficient in the ordinary course of nature to cause death, the offence will not be murder, even if the injury which caused the death, was intentionally given...clause (b) of Section 299 conveys the sense of probable as distinguished from a mere possibility. The words “bodily injury … sufficient in the ordinary course of nature to cause death” mean that death will be the “most probable” result of the injury, having regard to the ordinary course of nature.13. For cases to fall within clause (3), it is not necessary...

...and the death could not be given because the cause of death was toxaemia due to gangrene. The doctor also admitted that because of the lack of immediate medical help, the gangrene developed...he was likely to cause the death and accordingly convicted him under Section 304 Part II IPC.5. Having regard to the medical opinion, admittedly the injury to the testicles was not...the direct cause of death. No treatment was given for two days and it is only on April 4, 1986 that the deceased was admitted in the hospital. But, unfortunately, in the meanwhile gangrene developed...