Indian Penal Code, 1860, Section 304A -- Medical negligence - Death at operation table - Prosecution failed to prove that respondents 1 and 2 administered thiopental in excess volume or that the administration was not made in accordance with the established procedure - Held, prosecution, thus failed to prove that act of accused amounts to gross negligence - Acquittal..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Allegation that husband treated her wife with cruelty and harassed her on account of dowry demand as a result of which health of wife deteriorated and ultimately died - Post mortem revealed death was natural - Death took place after one and a half year from a date when deceased parted with company of accused - Held,..........
Medical negligence -- Compensation - Caesarean section delivery - Expert evidence - Both respondents Anaesthetist as well as Gynaecologist have not followed the standard medical protocol during the course of the caesarean section surgery on the deceased - By mishandling/improper handling of the anaeshological procedure the patient developed Hypoxic Encephalpathy leading to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - It can be by performing a positive act - It can even be by conduct or by omission - However, there must be some nexus between the alleged act of abetment and the death...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Deceased a young girl aged 24 years committed suicide within four and half years of marriage - No specific allegations leveled as to what dowry was demanded and given at the time of marriage and what was the demand later on which led to her death - Held, presumption u/s 113-B of Evidence Act not..........
Insurance claim -- Double Accident Benefit - Life Insurance Policy - Repudiation of claim - On the ground that death was not due to accident but primary cause of death was Fecal Fistula (Post Operative) and Secondary cause of death was Cardiopulmonary arrest - Accident which the life insured met with caused injuries in his abdomen leading to intestinal injuries, which..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - No clear evidence that accused had intention to cause death - Nature of injuries caused not sufficient in the ordinary course to cause death of injured - Medical evidence did not indicate injuries dangerous to life - Injuries on non vital parts and those severe in nature, but none of the injury independently..........
Indian Penal Code, 1860, Section 302 -- Murder - Case resting on circumstantial evidence - Long standing property dispute between accused and deceased - Testimony of prosecution witnesses consistent and compatible with each other - Accused last seen in the company of the deceased - Time gap between last seen circumstance and death was short - Burden of proof that accused..........
Evidence Act, 1872, Section 106 -- Murder - Case resting on circumstantial evidence - Long standing property dispute between accused and deceased - Testimony of prosecution witnesses consistent and compatible with each other - Accused last seen in the company of the deceased - Time gap between last seen circumstance and death was short - Burden of proof that accused parted..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Petitioner accused in a murder case - Direct allegation of firing against the petitioners causing instantaneous death - Petitioners absconding for almost 5 years and thus succeeded in delaying the progress of the trial - Held, petitioner not entitled to the privilege of anticipatory bail...........
