Law:

Section:

(a) Penal Code (XLV of 1860)-Ss. 299 & 302-Murder-Ingredients of offence : felonious intention and causing injury resulting in death-Accused continuing firing at deceased until hit and last shot fired at very close range-Felonious intention of accused, held, proved. (b) Penal Code (XLV of 1860)- -- Ss. 299 & 30 -'-Murder-Contention that bullet injury on thigh could not normally be fatal to attract application of S. 302-Held, even assuming but not conceding that such injury could not be fatal, no evidence on record supported plea of accused of having aimed at deceased's thigh, nor eye-witnesses cross-­examined on point-Deceased not having stood still to receive bullet fired at him, accused could not but know that manner of his firing was likely to kill deceased. (c) Penal Code (XLV of 1860)- S. 299 read with S. 302-Murder-Whether firearm injury to thigh is fatal-Always a question of fact and circumstances of each .case-Shot fired at very close range severing both femoral artery and vein of right thigh of deceased-Accused, held, fired at deceased with -knowledge of likelihood to cause death of deceased by his act.­;[Question of fact]. Legal Medicine Pathology and Toxicology by Conzales and others -2nd Edn., p. 441 ref. (d) Penal Code (XLV of 1860)- -- S. 299 read with S. 302-Murder-Negligence in treatment-Deceas­ed treated at two hospitals-Doctor of first hospital examined by prosecution and cross-examined by accused but Doctors of second hospital not produced as witnesses to enable accused to cross-examine them on point of negligence in treatment-Doctor examined in. Sessions Court admitting in cross-examination possibility of gangrene; being caused by negligence in treatment of injury but adding prob­able cause of gangrene to be injury to blood vessels of thigh-Such opinion not being based on examination of record of treatment of deceased at both hospitals, despite availability of such records, opinion but very poorly impressive-Death, in circumstances, held, "may have been due to some other cause", namely, negligence in treatment oft deceased's wound. Hamilton Bailey and Mcneill Love's Short Practice of Surgery, 11th Edn., p. 55 ref. (e) Penal Code (XLV…

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