Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2015-SC-CRL-Apr-5

Rajan Vs. Joseph & Ors.

Head Note

Indian Penal Code,1860  - Section 304-A , Constitution of India, 1950  - Article 142

Quashing of Complaint - Compensation - Death of wife of appellant by electric shock while working in the house of respondents as maid - To prove the charge under Section 304A IPC, it is necessary to establish that the accused, acted in a negligent manner in not taking reasonable care of their washing machine and caused the death of deceased due to electric shock - No rash or negligent act is noticed on the part of the respondents as per report of Electrical Inspector who enquired into the matter - Order of the High Court holding that no offence u/s 304A IPC made out and quashing the complaint upheld - Since deceased belonged to a lower strata of the society, in the interest of justice, in exercise of extra ordinary jurisdiction under Article 142 of the Constitution of India, the Court deemed it appropriate to direct the respondents No.1 & 2 also to pay compensation of Rs. one lac to the appellant.

Topic(s)-Death by Negligence - Complaint quashed - Compensation ordered.







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