Medical evidence -- Expert evidence - Burden of proof - On complainant - Cholecystectomy surgery - Death of wife of the complainant after 13 months - Burden to prove that Cholecystectomy performed by the OP No. 2 negligently which led to death on complainant - Two reports of Doctor exonerate the OP No.2 while report of another doctor holds the OP No.2 to be guilty of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased admitted to hospital where his dying declaration recorded by Investigating Officer in presence of doctor - Investigating Officer failed to obtain opinion of doctor about fitness of deceased to make statement though doctor was present - Investigating Officer..........
Indian Penal Code, 1860, Section 302, 452 -- Murder - Accused allegedly committed murder of deceased - Testimonies of witness that when miscreants came down to courtyard, deceased rushed to roof top of the house and that before the deceased was done to death the inmates including witnesses were kept confined in a room raises strong doubt that they saw accused committing..........
Medical negligence -- Surgery - Hysterectomy operation - Vaginal and lung infection - The medical consultant in his affidavit has opined that neither the vaginal or lung infection was the result of hysterectomy and the latter infection was perhaps caused because the Petitioner had round worm infestation - There is independent evidence by medical expert to corroborate the..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Dowry death due to poisoning - Dying declaration made by deceased before doctor stating that her husband and mother in law used to harass her on account of dowry demand and because of such harassment she took the extreme step of consuming poison - Condition of deceased was very serious - Doctor..........
Evidence Act, 1872, Section 32 -- Dying declaration - Dying declaration recorded by Magistrate - No certificate by doctor that injured was in a fit condition to make a statement - Magistrate however satisfied himself by asking the doctor about the fitness of the injured to make the statement - Held, dying declaration is admissible...........
Medical negligence -- Compensation - Surgery - Polypectus operation - Allegation that instead of polypectus operation OP No. 1 conducted SMR operation - The confusion occurred on account of wrong discharge slip prepared by Resident Doctor and not by the operating surgeon - Evidence on record proved that the polypectus operation was done on the complainant - In the absence..........
Medical negligence -- Compensation - Surgery - Polypectus operation - Allegation that instead of polypectus operation OP No. 1 conducted SMR operation - The confusion occurred on account of wrong discharge slip prepared by Resident Doctor and not by the operating surgeon - Evidence on record proved that the polypectus operation was done on the complainant - In the absence..........
Medical negligence -- Compensation - Surgery - Polypectus operation - Allegation that instead of polypectus operation OP No.1 conducted SMR operation - The confusion occurred on account of wrong discharge slip prepared by Resident Doctor and not by the operating surgeon - Evidence on record proved that the polypectus operation was done on the complainant - In the absence..........
Prevention of Corruption Act, 1988, Section 7, 13, 20 -- Accused a doctor in the hospital allegedly demanded bribe for issuing fitness certificate - Independent witnesses not supported the prosecution case regarding demand and acceptance of money - Evidence of departmental witnesses also suffered from serious infirmities and contradictions - Complainant who could have lend..........
