Criminal Procedure Code, 1973, Section 216 -- Addition of charge - Charge u/ss 406, 420 IPC - Accused allegedly raised demand of Rs.5 lakhs for securing doctor's job for complainant's daughter in UK - Complainant borrowed such amount from PW5 and paid it to accused in presence of PW5 and PW6 - Without pronouncing on probative value of such evidence, there exists sufficient..........
Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Injured child witness categorically stated that accused pushed her and her hand broke down when she fell down - FIR lodged next day of incident, as police station is 25 kms away from place of incident and there is no conveyance to reach at Police Station - Doctor who examined victim found fracture in left hand..........
Indian Penal Code, 1860, Section 307, 308 -- Nature of offence - Accused `N' gave an iron rod blow on head of PW1 - Injury caused to PW1 was simple in nature - There was no attempt to repeatedly hit him - Act of accused `N' after arrival of four family members of PW1 in inflicting and causing injury to PW3, which doctor opined as being dangerous to life does not come..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Statement of deceased was recorded before his death in hospital - However, there is no consultation from doctor before recording such statement as to whether deceased was fit to give statement or not - PWs not supported prosecution story - Ocular evidence not corroborated by medical evidence - I.O had..........
Indian Penal Code, 1860, Section 307, 323, 148, 506, 149 -- Attempt to murder - Framing of charges - Accused allegedly formed unlawful assembly and caused injuries to complainant, his father, mother and his wife - Injury on person of father of complainant declared dangerous to life - Prima facie case is made out against accused - Question as to whether Doctor who had not..........
Medical Reimbursement - - Denial of 100% reimbursement - Petitioner was suffering deafness of both ears - Treatment was found to be essential and indispensable in nature - Nothing on record to show that any cheaper substitute was available - Treatment was taken from Government hospital - As per reimbursement policy, employees/pensioners of Department of State government..........
Criminal Procedure Code, 1973, Section 228, 464(2) -- Omission to frame charge u/s 302 IPC - Order of remand - Trial Court framed charge u/ss 498-A, 304-B, 201, 34 IPC - Deceased died due to Aluminum Phosphide poisoning - Said poison was found in blood and stomach of deceased - Trial Court acquitted accused u/s 304-B IPC on the ground that doctor PW12 deposed that Aluminum..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred at the spur of moment and was a fall out of an altercation over excavation of a mound by brother of accused - Son of PW1 intervened in the course of altercation and was fired at resulting in a single fire arm injury leading to his death - Eye witness account of occurrence was based..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused dealt Budia (sharp cutting weapon) blow to deceased while she was coming with them and out of fear they left spot - PW7, doctor who conducted post mortem examination opined that injuries caused to deceased might have been caused by Budia - All the three PWs are related but no hostility is proved between accused and..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Two dying declarations - Murder - 100% burn injuries - Deceased in his second dying declaration before doctor named accused as his assailants and particulars of these persons were fully described by him in statement made to PW16 in first dying declaration only few hours before his demise - Deceased..........
