Criminal Procedure Code, 1973, Section 329 -- Unsoundness of mind of accused - Court not to straight away hold an elaborate enquiry - If on examining of accused, it does not appear to Court that accused is insane, it is not necessary that he should go further and send for an examine the medical witnesses and other relevant evidence - Of course, if Court has any serious..........
Indian Penal Code, 1860, Section 302 -- Murder - Medical Evidence - Bullet recovered from the blood oozing injury at the hip of dead body - Whereas, as per post mortem report, there were entry points of the shots fired at victim and corresponding exit points at abdomen and right thigh - Thus, it is highly improbable that still a bullet was found in the blood oozing injury..........
Indian Penal Code, 1860, Section 307, 323, 326, 452, 506, 148, 149 -- Attempt to murder - Complaint lodged after 2 months from the incident - Explanation furnished for such delay not believable - Alleged eye witness of occurrence has stated that he had not seen the incident - Doctor who prepared MLR not examined - Accused did not have an opportunity to cross-examine said..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Physical cruelty - Petition by wife - Husband contended that allegation of physical cruelty in absence of medical record does not lead any credence to allegations of her being subjected to cruelty - Contention rejected, as in matrimonial disputes, wife and family members try to solve matrimonial disputes at their own..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Husband having an extra marital affair with his maid - It is also alleged that husband attacked wife and she received grave injuries and undergone medical treatment - Even, husband did not allow wife to enter the shared matrimonial home when she returned back - This act of husband falls..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Maintenance to father - Father concealed the material fact of drawing pension from Army - No written statement filed by father to rebut said stand of son - Neither any medical record of any ailment or other evidence of any mal treatment is produced by father before SDM - Sarpanch and other..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Serious contradiction in oral and medical evidence and medical evidence is not in conformity with oral evidence adduced by prosecution - No overt act perpetrated on any of accused - Story mentioned in FIR that accused demanded dowry from PW4 seems to be completely false - Dying declaration given to PW2 by deceased does..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical evidence does not support prosecution case more particularly, injury report and supplementary report - Chain of circumstantial evidence found to be incomplete - Accused rightly acquitted...........
Evidence Act, 1872, Section 112, Indian Penal Code, 1860, Section 376 -- DNA test - Paternity of child - Rape case - Paternity of child is not relevant for deciding case u/s 376 IPC, as same can be decided on oral evidence - Even otherwise, medical evidence in a rape case is not always final but plays role of secondary evidence - Application for DNA test rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 16 -- Examination of witness out of turn - Witness more than 70 years of age - Age of witness can be assessed based on the copy of Aadhar card available on record - Non filing of medical record of witness - Not a ground to reject the application in view of advanced age of witness...........
