Indian Penal Code, 1860, Section 304A -- Medical negligence - Negligence in detecting death of foetus - Death of foetus not detected during clinical examination - Due attention and care required not given - However, this is not a reason for criminal prosecution for an offence u/s 304-A IPC as it is not a case of prosecution that accused committed any criminal negligence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Bail - Murder - Complicity of petitioner based on circumstantial evidence - Evidence collected against petitioner is a confessional statement made by co-accused - Admissibility of such confessional statement in evidence would be yet another issue - Offence if at all made out..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Conviction - Compromise - Death of a young boy - A serious offence - However, in view of compromise by aggrieved family with accused sentence reduced to period of imprisonment already undergone subject to payment of fine imposed of Rs.5,000/-...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased committed suicide by hanging after 2 years and 1 month of her marriage - No whisper of any demand of dowry by i, laws or husband or treating her with cruelty in connection with no, fulfillment of alleged demand of dowry - There was some dispute between deceased and her mother-i, law, as deceased was not..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Circumstantial evidence - Recovery of blood stained clothes of accused at his instance - Blood report of both the deceased was not produced - Even blood group of accused was also not ascertained - Mere matching of blood group on blood stained clothes, which was even on bed sheet, would not lead to conclusion..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Double murder case - Circumstantial evidence - Disclosure statement - Recovery of laptop - Does not have any bearing, as it is neither weapon of crime nor it has any cause of connection with commission of crime - Merely because laptop belongs to sister of deceased is not indicative that accused is..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Circumstantial evidence - Finger prints of accused on cello tape found in the house of deceased - Not proved, as print marks on it, not found to be matching with specimen of accused - Only one mark is matched which was missing in the Court - This circumstance is also not proved against accused - Moreover, in..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 392, 397, 34 -- FIR - Delay - Robbery - Complainant did not lodged FIR on the same date of incident, as incident took place in the mid night and thereafter police arrested the accused - Verification done from recovered mobile phone which was of complainant - Merely because complainant did not..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 392, 397, 34 -- Test identification parade (TIP) - Robbery - Complainant identified the accused on verification, TIP was thus meaningless, as TIP is an aid in investigation and is required to be conducted if facts and circumstances so demand...........
Criminal Procedure Code, 1973, Section 102, Indian Penal Code, 1860, Section 392, 397, 34 -- Search before arrest - Robbery - S.102 Cr.P.C. provides, that if there is reasonable suspicion to police officer that person is in possession of stolen property or is involved in commission of a cognizable offence, he can immediately carry out search without effecting a formal..........
