Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Main allegation of causing injury by lathi is against accused who already died during the course of trial - Only allegation against A-2 to A-4 is that they had thrown pieces of bricks on the injured persons - Material contradictions in the evidence of PWs regarding genesis and manner of occurrence -..........
Indian Penal Code, 1860, Section 376(2)(g), 506(1) -- Rape - PWs on account of a long gap between examination-in-chief and cross-examination, were won over by accused and they resiled from the version as deposed in the examination-in-chief which fully incriminates the accused - However, evidence of victim and her mother, aunt when tested with FIR, statement recorded under..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Cataract surgery - Permanent loss of vision in the right eye - Lapses in duty of care both pre-operative and post-operative standards for conducting traumatic cataract surgery - Expert evidence not controverted due to absence of cross examination and failure to bring on record any other contradictory expert..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband has made only bald statements about mental disorder of wife - Neither any expert doctor was examined nor produced any documentary evidence by husband to show that wife is suffering from unsoundness of mind - Wife stated that she is ready for any medical test but husband has not made..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Identification of dead body - Corpus found after almost 5 months from the date of incident and was in a highly decomposed condition - Identification was done by getting skull super imposition test done through forensic expert - However, since super imposition report was not..........
Evidence Act, 1872, Section 45 -- Expert opinion - Medical witness called in as an expert to assist Court is not a witness of fact and evidence given by medical officer is really of an advisory character given on the basis of symptoms found on examination...........
Medical Negligence - - Expert opinion - Court is not bound by the evidence of an expert, which is advisory in nature - Court must derive its own conclusions after carefully sifting through the medical records, and whether the standard protocol was followed in the treatment of the patient - Duty of an expert witness is to furnish Court with the necessary scientific criteria..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder - Wife suffering from schizophrenia - Husband failed to prove that wife was suffering from disease of schizophrenia and same was not curable - Though medical document as to mental illness of wife exhibited by husband but he failed to produce any expert medical evidence to prove said document - Mere..........
Indian Penal Code, 1860, Section 53 -- Punishment - Award of sentence - Mitigating factor - Post conviction severe mental illness - Directions issued that: (i) assessment of such disability should be conducted by a multidisciplinary team of qualified professional (Experienced medical practitioners, criminologists etc.), including professional with expertise in accused's..........
Indian Penal Code, 1860, Section 302 -- Murder of four persons - Testimony of sole eye witness - Evidence of sole eye witness is corroborated by medical evidence and evidence of ballistic expert - Delay in registration of FIR is properly explained - Recovery of weapon of offence proved on record - Slight variation in description of katta recovered from accused does not..........
