Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Power of appellate Court - Principles governing - (1) The appellate court may review the evidence in appeals against acquittal under sections 378 and 386 of the Criminal Procedure Code, 1973. Its power of reviewing evidence is wide and the appellate court can re-appreciate the entire evidence on..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation - Expert opinion - The expert opinion given by Expert Committee appointed by Director of Health Services has listed lapses on the part of OP Nos. 1,2, and 3 in details - See no reason to discard their opinion - Post - mortem report clearly mentions the opinion that patient died..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation - Expert opinion - The expert opinion given by Expert Committee appointed by Director of Health Services has listed lapses on the part of OP Nos.1, 2, and 3 in details - See no reason to discard their opinion - Post-mortem report clearly mentions the opinion that patient died due..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - By itself cannot be a ground to doubt the prosecution case and discard it. The delay in lodging the FIR would put the court on guard to search if any plausible explanation has been offered and if offered whether it is satisfactory...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal by High Court - Considering the normal human conduct of taking deceased to hospital and other relations, delay of 2 hours in filing FIR is not inordinate - Witnesses are not independent and are related to deceased is no ground to discard their evidence -..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Delay in recording statement of witness by the investigator - Effect - Statement recorded after 25 days of incident - Witness had gone to attend the marriage and when he returned, statement was recorded by the police - No question was put to the investigating officer regarding this fact - Held, delay in recording..........
Related witnesses -- Not a ground to discard evidence of a witness on this ground - When there is an allegation of interestedness then the same has to be established...........
Witness -- Mere non-mention of the names of the assailants or the nature of the weapon in the inquest report, cannot be a ground to discard the evidentiary value of a witness...........
Eye witness -- Name not mentioned in FIR - One PW went to the police station to lodge FIR - Services of PW3 and others must have been taken for the purpose of shifting the deceased and injured to the hospital - Non mentioning of name of PW3 in FIR is not by itself sufficient to discard his evidence...........
Witness -- Discrepancies - Few discrepancies of trivial and minor nature cannot be a reason to discard evidence of a witness...........
