Indian Penal Code, 1860, Section 304A -- Medical negligence - Allegation that deceased died due to sterilization operation conducted by petitioners without availability of proper anesthesia - However, post mortem report of deceased shows that reproductive organs of deceased were noticed to be in an absolutely healthy condition - Procedure carried out on the lady was..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Evidence of victim coupled with medical evidence proved that accused committed rape upon her - Even concurrent findings of Courts below proved the charge of rape against accused - No interference warranted - Accused rightly convicted...........
Indian Penal Code, 1860, Section 323, 308, 34 -- Nature of offence - Solitary head injury given to injured by lathi blow indicates that no bony lesion or any internal damage was caused - How such injury could prove dangerous as per PW5/doctor - No reason was given by PW5 for the same - There is no repetition of blow by accused - There was no intention or any knowledge on..........
Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 - Quantum of sentence - Incident occurred 39 years ago - Accused `M' is aged about 75 years and accused `R' is aged about 60 years - Accused remained in jail for more than 10 days after conviction and also few days during trial - Sentence already undergone by accused meet ends of justice...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of wife by husband - Dying declaration - In the instant case, deceased was murdered by pouring kerosene oil and setting fire due to which deceased sustained 80% burn injuries - Statement of deceased recorded on presence of SDM not reliable as it suffers from incongruities and inconsistencies -..........
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Summoning of accused - Offence u/ss 420, 468, 471, 120-B IPC - Magistrate summoned accused after required satisfaction that there is sufficient ground to proceed against accused - High Court went into wrong in interfering with summoning order and quashing the same - Impugned..........
Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape of 9 years old girl - Prosecutrix narrated entire incident of rape to her aunt and thereafter to her mother - Statement of prosecutrix recorded u/s 164 Cr.P.C duly corroborated by statements of PW2, PW3, PW4 - PW2 and PW4 noticed blood stains on clothes of..........
Indian Penal Code, 1860, Section 302, 120B, 34, 201, Evidence Act, 1872, Section 8 -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - Motive - Accused `R' had extra-marital relations with co-accused and deceased objecting to same - Evidence of PW10 is reliable in this regard - This fact establishes a cogent motive to commit crime -..........
Indian Penal Code, 1860, Section 302, 120B, 34, 201, Evidence Act, 1872, Section 3 -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - Recovery of blood stained articles - Accused `R' and deceased were living together from the last 20 years in house where recoveries effected - Articles recovered blood stained which were sent to FSL -..........
Indian Penal Code, 1860, Section 302, 120B, 34, 201, Evidence Act, 1872, Section 27 -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - Disclosure statement - Recovery of chunni - Co-accused/paramour of accused `R' disclosed that they murdered deceased by strangulation with help of chunni - Cause of death is also asphyxia which is due..........
