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Regarding legal ingredients and meaning of 302 IPC
12-Oct-2023 (In Criminal Law)
A person aged 36 years assaulted by axe and stickes because of previous enmity of land issues. And injured him greviously. Injuries r over leg and hands, no any vital part having injury. Injured person admitted for treatment and as per mlc statement, offence registered u/s 307 and other sections with arm act. During treatment and after 15-20 days of incident, injured infected by COVID 19. He had been shifted to government hospital for further treatment.
During treatment injured died. Post mortems and inquest was not done due to COVID. Cause of death given by government hospital is " death due to COVID."
Can 302 apply in this case???
No, Sec 302 of IPC will not apply & accused will get the benefit of Hospital Report, that, the Death of the accused was caused due to Covid. Moreover, as Post Mortem and Inquest was not done due to Covid, Accused will also get benefit of it.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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no section 302 is not applicable and only 307 will be taken in to consideration and you can fight over it as the case can also be dismissed as the injured is no more and the cause of issue is now over so you can file application in that regard
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Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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NO , if you can proof that this death is happened due to covid so 302 is applied if you don't have any solid proof realated to covid so u r liable for 302 ,1st check the medical report if you want any consultation you can call me
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Adv. Manindra Pandey
Mumbai | 100+ Answers
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