Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113 -- Dowry death - Conviction - Appreciation of evidence - It is established on record that deceased and her sister were harassed for not bringing motor cycles in dowry - Statement of accused before Panchayat that harassment will continue, if demand is not fulfilled is against accused - Fact that..........
Medical Council of India Act, 1956 -- It must be proved by evidence of experts in the filed that suffering of ailment was as a result of improper performance of surgery and that too with the degree of negligence on the part of doctor - However, proving suffering of ailment by patient after surgery is not sufficient...........
Medical Council of India Act, 1956 -- Consent given for laparoscopy surgery of Gall Bladder - Doctor while performing laparoscopy found some inflammation, adhesion and swelling on Gall Bladder - He came out of operation theater and informed husband of patient about condition of gall gladder and sought his consent to do conventional surgery - It is a natural conduct and..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Testimony of witnesses - Witnesses stated death was caused by strangulation whereas FSL report and statement of doctor revealed consumption of insecticide as cause of death - No injury marks found on body of deceased - No evidence to show that insecticide was administered by appellants - Witnesses of..........
Evidence Act, 1872, Section 32 -- Medical report - Not possible for doctor to come to Court due to his illness - When Doctor who gave medical report is unable to come to Court to depose about medical report given by him, certificate granted by Doctor can be relied upon...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition filed by husband - Mental cruelty - Wife suffering from schizophrenia - Doctor examined wife, unable to depose in Court due to illness - Medical report admissible u/s 32 of Evidence Act - Medical report reveals that due to her mental illness, she is not able to cohabit with her husband which caused mental..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of wife by husband - Death by burning - Three dying declaration - Deceased stated against accused for setting her on fire in third dying declaration - Said fact was recorded by Special Judicial Magistrate who proved the same - Doctor who certified the fitness was present during the same and has..........
Indian Penal Code, 1860, Section 313 -- Causing miscarriage without woman's consent - Doctor stated that consent of PW1 was taken before aborting her fetus - Ingredients of S.313 IPC held, not established by prosecution - PW1 when brought to hospital was already bleeding and had lower abdominal pain and there was nothing in evidence to connect that act with accused -..........
Indian Penal Code, 1860, Section 326, 323, 34 -- Offence u/ss 326, 323, 34 IPC - Role of accused `N' - Merely because blood was not picked up from the spot by I.O and weapon of offence was not produced in Court, is no reason to discard statements of PWs particularly when doctor gave specific opinion that injuries on person of complainant could be caused by kassia blow...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113A -- Dowry death - Presumption - Allegations made by PW2 & PW3 against accused regarding ill-treatment or harassment of deceased for vehicle and other things not acceptable in view of various contradictions and improvements in their statements - Said allegations were made first time before Court and not..........
