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A surgeon, in good faith, communicates to the wife of the patient that the life of her husband is in danger. The wife dies as a consequence of the shock. The surgeon has committed no offence, though he knew it to be likely that the communication might cause the patient’s death. Discuss the liability of the surgeon.

Option: 1

He will be liable for murder. 


Option: 2

He will be not be liable for murder


Option: 3

He will not be liable for murder because he did so in good faith.


Option: 4

None of the above.


Answers (1)

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Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Surgeon because fulfills all these criteria, will not be held liable for death. Hence, the correct option is c.

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Pankaj

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