Indian doctor accused of murder in South Africa, trial under ‘Dolus Eventualis’

Doctor

Indian-origin doctor Avindra Dayanand has been charged with murder in South Africa. It is being told that one of his patients had died after gall bladder surgery on the operating table. Angered by this, the family accused Dr Dayanand of murder.

Dayanand, 35, who is out on 10,000 rand (South African currency) bail, handed himself over to the police following the death of Monique Vandayar, a 35-year-old woman businessman and mother of two children. Vandayar was admitted to his hospital as a patient in 2019.

The matter has been adjourned till November 8 for the legal team of the Director of Public Prosecutions.

According to criminal law expert Mannie Witz, under South African law, punishment is determined on the basis of the motive for which the offender committed the murder.

Referred to as murder or culpable homicide, depending on the motive.

Dayanand is expected to be tried under the concept of ‘Dolus Eventualis’ (legal intent).

Let us tell you, Dolus Eventualis defines the situation as when the intention of the accused is not to commit the crime, but the result of some of his actions in the course of achieving his goal.

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