Pre-Existing Medical Condition Cannot Negate Murder Charge When Post-Mortem Attributes Death to Alleged Assault: Jammu & Kashmir and Ladakh High Court
The Jammu and Kashmir and Ladakh High Court has held that at the stage of framing charges, if a post-mortem report links death to injuries caused by an assault, the assault must be treated as the root cause of death. The Court further ruled that pre-existing medical conditions or alternative medical explanations cannot be used to discharge the accused at this preliminary stage under Sections 302 And 341 Of The…
