I.p.c. 299(3) or i.p.c.300 (4)

I.P.C. 300(4) NO INTENTION All the details described below regarding the case are based on the original case sheet (now in the custody of the court)and blood reports showing no indication for Ampicillin. No fever or septic foci. Seen by surgeon prior to the consultation by gynecologist. Surgeon refereed her to rule out pelvic inflammatory disease as a routine measure. Death of a 24 year old lady on 14/12/2004 due to antibiotic abuse (Ampicillin without indication hence there is NO EXCUSE). Ampicillin was given(no INTENTION to harm but only to increase the in-patient numbers, but the reference letter(documentary evidence of concealment{STATE OF MIND} of the blunder of giving Diazepam) is SILENT about Ampicillin and Diazepam, intention being to hide the incompetence with first degree knowledge that if Injection Ampicillin is not revealed in the drug history no one will administer the life saving drug ADRENALINE) without proper test dose(clear from case sheet and the affidavit by the concerned hospital in the consumer forum) and that too not in 10 to 15 minutes(equivalent to SAVAGE FORCE and SINGLE INJURY) as advised on the vial of injection Ampicillin. This is the IMMINENTLY DANGEROUS ACT. Once the anaphylaxis occurred ADRENALINE was not given and instead Diazepam(an ABSOLUTE contraindication) injection was given. Hence PROBABILITY of death is 100% even without Diazepam since ADRENALINE was not given. So the case comes under I.P.C. 300(4). The Kollam, Kerala, district consumer forum awarded 15 lakhs on 24/12/2012. But the culprits moved the Kerala state forum. Hearing is posted for 28/9/16.Hence there is no mitigating factor. The criminal case (no: 1675/11)is under I.P.C. 304 Part (II) before the Additional Sessions Court Kollam V. Kindly go through the judgments of the High Court of Kerala pertaining to this case. The numbers are 21402/09, 1394/13, 296/14 and 1903/14. Criminal revision petition no: 4/16 moved by the gynecologist to quash the charge is pending. Hearing was on 13/7/16. (v)The fourth clause of S. 300 comprehends generally, the commission of imminently dangerous acts(Ampicillin fast) which must in all probability(100%) cause death. What the appellants did may well be said to satisfy the requirements of this clause also, although it is ordinarily applicable to cases in which there is no intention to kill anybody in particular.[like firing into a croud] From criminal law cases and materials, Sixth Edition, K.D. Gaur page no: 353 I.P.C. 300 fourtly-If the person commiting the act knows that it is so imminently dangerous that it must in all probability, cause death, or such bodily injury as is likely to cause death,and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Bombay High Court Reg vs Govinda on 18 July, 1876 Equivalent citations: (1877) ILR 1 Bom 342 Author: Melvill Bench: Melvill, Kemball, N Haridas JUSTICE MELVILLE J. Degree of PROBABILITY is the DETERMINING factor. In this case it is 100% since Adrenaline is not given because it was suppressed from drug history. Am I correct. 9349312325, 9496153097. 0471-2735659.