Indian Penal Code, 1860, Section 304A -- Death due to medical negligence - Prosecution of Doctor - Held, for prosecuting a doctor for medical negligence there should have been collected materials showing not an ordinary negligence but a gross negligence committed by him - Before prosecuting a doctor for medical negligence before a criminal Court Investigating Officer..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Death due to medical negligence - Prosecution of Doctor - Quashing of - Quashing of prosecution sought on the ground that there are two different opinions from two sets of Doctors - Held, High Court u/s.482 Cr.P.C. cannot make a roving enquiry so as to give a finding as to which among two..........
Indian Penal Code, 1860, Section 302, 364, 34 -- Kidnapping and murder - Informant did not take any steps to search his brother the whole night - Medical report not supporting prosecution case of deceased being strangulated to death - There was no mark of any scratch on the face of victim - Doctor did not rule out possibility of deceased committing suicide - FIR delayed..........
Indian Penal Code, 1860, Section 302,34,201, Evidence Act, 1872, Section 9 -- Murder - Conviction - Sustainability - Deceased last seen in the company of accused persons stands proved - Confessional statement inspires confidence as same is totally voluntary and by no means tainted - No explanation as to how human blood could be found on spade used for agriculture..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482, 200 -- Medical negligence - Death - Quashing of complaint - There is no specific, clear, precise or pointed allegation made against petitioner No.3 doctor showing that he had failed to give necessary treatment as a medicine specialist to "S" following her gynaecological surgery - Held,..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Abduction and rape - Abduction and rape - Doctor who examined prosecutrix gave her report in which she found that vagina of prosecutrix admitted one finger with pain and difficulty and her hymen was intact - She further found that partial penetration could be possible in the vagina but final opinion could be given after..........
Indian Penal Code, 1860, Section 376 -- Rape - Proof - Hymen of PW3, who was also one of the victim, was ruptured and same was proved by her evidence as well as by doctor's evidence - Stay of PW3 at accused's house in relevant time was not denied by accused - After experiencing pain in her abdomen and after seeing her urine mixed with blood, she was forced to disclose..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 304 -- Framing of charges - Validity - No allegation against accused that it was he who knowing fully well the condition of "S" did not let him admitted in ICU and patient was turned out even without providing ambulance - Facts as stated in FIR and material documents even if they are taken on face..........
Service Law -- House rent allowance - Rural health allowance - Held, house rent allowance and rural health allowance cannot be treated as two different components - There is bar against the same doctor receiving both benefits...........
Evidence Act, 1872, Section 32 -- Dying declaration - Plea that having regard to the extent of burn injuries it was not possible to make the statement - PW2 clearly certified both at the time of commencement of the recording of the statement as well as at the conclusion thereof, that deceased was fully conscious and in a fit mental condition to make the statement - No..........
