Indian Penal Code, 1860, Section 307 -- Attempt to murder - Charge u/s 307 IPC is not dependent upon causing of injury - Even an attempt made to cause injury on head of injured, may itself be sufficient to frame charge u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Mere delay in giving opinion by Doctor is not sufficient to hold that no offence u/s 307 IPC is made out...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Prima facie on the basis of injury suffered by injured i.e fracture on left temporo-parietal bone, it can be inferred that petitioners made an attempt to commit murder - Merely because opinion is obtained from private doctor, Court cannot become oblivious of fact that injured has suffered fracture - Even..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338, 427 -- Fatal accident - Discharge application - No evidence on record that vehicle in question was being driven on the date and time of alleged accident by accused - Even there is no other corroborative evidence on record against accused except extra judicial confessional statement of accused before I.O and except to..........
Indian Penal Code, 1860, Section 377 -- Unnatural consensual sexual relationship - Gay relationship - Wife filed complaint against her husband who is gay and kept sexual relationship with petitioner - Both husband and his male friend/petitioner having an extra marital consensual sexual relationship - Though it may be a ground for divorce on the ground of cruelty to..........
Indian Penal Code, 1860, Section 436 -- Offence u/s 436 IPC - Reduction of sentence - Occurrence was of the year 2000 due to election dispute among party members - Accused has undergone sentence of almost three months - Keeping in view the fact that occurrence is of the year 2000, sentence of accused reduced to period already undergone by them...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent act - Medical negligence - Doctor performed surgery and subsequently patient on reaching home complaining of acute pain - It is not sufficient to conclude that doctor was negligent in performing surgery...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Quashing of proceedings - Medical negligence - Neither doctor was drunkard nor he used tools which were not meant for surgery - Thus, it is a fit case where powers u/s 482 Cr.P.C can be exercised - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A -- Sanction for prosecution - Complaint against government doctor u/s 304-A IPC - As doctor was performing official duties, therefore, sanction for prosecution was required from competent authority to prosecute petitioner u/s 197 Cr.P.C, as alleged act was done by petitioner in discharge of..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376(g), Protection of Children from Sexual Offences Act, 2012, Section 8 -- Cancellation of bail - Offence u/s 376(g) IPC and S.8 of POCSO Act - As per material on record including the case diary, medical report prima facie case is made out by prosecution - Taking into account the charges..........
