Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Doctor/PW18 who recorded statement of deceased deposed that deceased was in a fit state of mind while making said declaration - Evidence of PW18 fully supported prosecution case - No material on record that deceased was tutored or prompted by anybody so as to create..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Statement of deceased was recorded by ASI PW19 - Dying declaration was certified under the signatures of doctor PW20, which goes to show that deceased was conscious and in a fit condition to give statement - Deceased specifically stated in her dying declaration that accused..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Disability - Initially, 45% permanent partial disablement was certified by PW1, which later on certified as 50% by PW2 after 2-1/2 years of incident - Tribunal assessed the same as 95%, without any basis and reason to sum up the percentage of disablement stated by 2 doctors and to take it to be a case of..........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Nature of injury sustained by injured as opined by Doctor to be simple in nature - Medical report proved by Doctor does not mention that head injury was sufficient in ordinary course of nature to cause death - In the absence of any other medical documents from any other hospital or any material to show after..........
Medical Termination of Pregnancy Act, 1971, Section 3(2) - - Unwanted child - Claim for compensation - Where couple opts for bearing the child, it ceases to be an unwanted child and compensation for maintaining and upbringing of such a child cannot be claimed against doctor or against department as vicarious liability...........
Torts -- Medical negligence - Claim for compensation - Doctor conducting operation did not offer any guarantee hence, there is no contract on not conceiving the child - Court would not imply of any such contract in absence of such a contract therefore, claim for compensation is not maintainable...........
Torts -- Medical negligence - Claim for compensation - In absence of operating doctor and without providing him opportunity of explaining, it cannot be held that said doctor was negligent during operation...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 32 -- Abetment of suicide - Dying declaration - PW17 who recorded dying declaration of deceased mentioned that deceased in her dying declaration stated that there was a quarrel with regard to accused going to work and accused directed deceased to stay at home or to go away - This utterance as indicated in..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Mere delay in giving opinion by Doctor is not sufficient to hold that no offence u/s 307 IPC is made out...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Prima facie on the basis of injury suffered by injured i.e fracture on left temporo-parietal bone, it can be inferred that petitioners made an attempt to commit murder - Merely because opinion is obtained from private doctor, Court cannot become oblivious of fact that injured has suffered fracture - Even..........
