Tag: Doctor Testimony

Proximity Not Proof: Supreme Court on Accident Injury and Death Five Months Later
Supreme Court

Proximity Not Proof: Supreme Court on Accident Injury and Death Five Months Later

The Supreme Court dismissed the appeal, upholding the High Court's finding that the death was not a direct consequence of the motor accident injuries. The legal requirement of establishing a direct causal nexus between the accident and the death was not satisfied, as the medical evidence indicated the fatality was a possible after-effect of the surgery and the victim's pre-existing conditions, not the injuries themselves. Facts Of The Case: On April 29, 2006, an Excise Guard died following injuries sustained in a motorcycle accident. The accident occurred when the motorcycle he was riding collided with another motorcycle. He was initially hospitalized from April 29 to May 3, 2006, for injuries including a compound fracture of multiple metatarsals in his right foot and a fracture in his l...
Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction
Supreme Court

Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction

The Supreme Court upheld the acquittal, emphasizing the well-settled principle that an appellate court should not interfere with an acquittal unless the findings are perverse and the only possible view is of guilt. The Court found the prosecution's evidence, particularly the dying declaration, unreliable due to material contradictions and the victim's precarious medical condition, making the case fit for the application of the benefit of doubt. Facts Of The Case: Based on the accusation of Poona Bai (PW-10), the prosecution's case was that on March 10, 2003, the accused-respondent, Ramveer Singh, forcibly entered their house and set her granddaughter, Badami Bai, on fire by pouring kerosene on her. The alleged motive was retaliation for a rape complaint filed against the accused's son by...