v.b.b.sastry (Sr.A.P.P) 14 August 2012
In the year 2008' A' was injured in a motor vecle accident and the accused was charged u/s 338 IPC and after filing of charge the accused admitted his guilt and sentenced to pay fine of rs.1000/0.The accused paid the fine .After 4 years 'A' died in the bedridden after dischatge from the hospital.The si registered abother crime.Whether the second CS is valid?.Whether a case can stand in a court of law.I request the esteemed members to clarify.
RAHUL KANSAL 9041629676 (ADVOCATE) 14 August 2012
hello vb sastry,
no the another case is purely invalid .
v.b.b.sastry (Sr.A.P.P) 14 August 2012
Any rulings RAHUSAL KANSAL 9041629676.Thanks for your reply. Happy independance day in advance.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 August 2012
S.300 bars prosecution twice for a single offence, however if a consequence occurs later - new prosecution may be initiated. for eg : if a person hits another with a rod causing greivous hurt - person is convicted later injured dies then in that case 302 may be initiated even if he has been convicted u/s 335. However in your case death of informant is not the proximate cause of death only the remote cause hence you cannot be prosecuted for his death.
v.b.b.sastry (Sr.A.P.P) 14 August 2012
In the above case after conviction injured dies another charge sheet can be filed in the same case.Yes you are right the death is not proximate.
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