Naim Vakil
26 August 2018 at 02:52
Respected Experts,
I am a LLB Student third year, my college has announced a Moot court competition can you please help me in making arguments on behalf of the respondents (Mahesh Patel) facts of the case are as under.
IN THE HIGH COURT OF XXX AT XXXX
CRIMINAL APPEAL NO XYZ OF 2013
1. Dr Vyomesh Mishra
2. Dr Kuldeep Singh.......... (APPELLANTS)
Vs.
1. Mahesh Patel
2. State of Gujarat............. (RESPONDENTS)
APPEAL u/s 374 of Code of Criminal Procedure against the judgement and order of the sessions court passed in criminal case of ABC of 2009 passed on November 10,2013.
FACTS OF THE CASE:
Mr Mahesh Patel, original complainant is a government servant havin upper middle class background. he was having a wife Madhvi, the only son Keval in his small family. His son was studying in Standard 7 at a reputed english medium school of Ahmedabad. Keval was considered to be one of the brilliant students of the class ans was also the captain of at the school football team.
In May 2009, after having returned from the practice of football from school in vacation Keval began throwing fits and loosing consciousness at sudden intervals. Mahesh patel immediately consulted Dr Kuldeep Singh, a reputed neuro physician at the Long-Life Charitable Trust Hospital. The aforesaid hospital is started by Ahmedabad Doctors Welfare Association having sole motto to provide the best treatment to the patients at the reasonable charges. It has its reputation in the entire city for providing the best treatment.
During examination Dr Kuldeep Singh diagnosed that Keval was suffering from epilepsy, Dr Kuldeep Singh prescribed treatment involving the administration of two well known drugs for epilepsy- Zentor and Gardiol- Over a course of 8 months. Keval was also advised to discontinue for 2-3 months during his treatment. But he was keen to attend the classes at school. Due to continuous insitence of his son Mr Mahesh Patel allowed him to go to school for attending classes. The medicine prescribed to Keval did not serve its object and hence Dr Kuldeep Singh increased the dosage and frequency of his prescribed drugs. However the condition of Keval worsened and the frequency of covulsions grew rapid. As a resultant effect, Keval was constrained to proceed leave from the school from 16th August 2009.
On August 19,2009, at about 10.30 pm when keval had his evening dosage of prescribed drug Gardiol, he developed severe covulsions. He lost his consciousness and collapsed on the bed. Mahesh Patel called Dr Kuldeep Singh at his residence. Dr Singh expressed his inability to come, but advised to admit Keval to the Longlife Charitable Hospital. By following advise of Dr Singh Keval was immediately admitted at the Long Life Hospital by his parents.
At the night of 19th August 2009 Dr Vyomesh Mishra, a young doctor pursuing his internship at the hospital was on duty. He examined the patient Keval and directed him to taken to the ICU. Looking to the critical condition of the patient the hospital authorities agreed to provide treatment upon signing a consent form stating that the hospital shall not be responsible in whole or part for any further consequences if at all developed to the patient Keval during his treatment at the hospital. Desperate to save his son Keval Mr Mahesh Patel was constrained to sign the aforesaid consent from the hospital.
Before the complainant Mr Mahesh Patel could appraise Dr Vyomesh Mishra about the previous case history of Keval and the treatement provided to him, Dr Vyomesh Mishra administered the sedative called Epitaphenol, a sedative given in case of severe epileptic attack. After the application of the aforesaid medicine, Mahesh Patel saw his so finding difficult to breath and was gasping of breath. Soon he lost his consciousness. Mahesh Patel desperately called Dr Vyomesh Mishra to examine his son. Dr mishra explained to him that it was not unconsciousness, but sleep due to sedative medicine. Being dissatisfied with the explanation Mahesh Patel called Dr Kuldeep Singh at his residence at 3:30 am on 20th August 2009 and requested him to come to the hospital to examine his son. But Dr Kuldeep Singh refused and showed his inability.
At 6:00 am on 20th August 2009, Keval expired in the Hospital. he autopsy revealed myocardial infraction as the cause of death. This was a resultant effect of adverse reaction of Epitaphenol drug with Gardial, which was prescribed by Dr Kuldeep Singh.
On 23rd August 2009, Mr Mahesh Patel LOgged an FIR in Crime Register No ii/XXX/2009 at Navrangpura Police Station, Ahmedabad against both the present appellants for having committed offences punishable under Sections 302,304 and 304A of IPC. The Charge Sheet was filed after the Investigation by the Officer in charge at Navrangpura Police Station and the Magistrate committed the case to the Sessions court for trial after framing the charges u/s 302,304 and 304A of the IPC.
The Learned Sessions Judge by his judgement and order found both the accused persons guilty for having committed offences punishable under section 304 part ii of the IPC and punished them with rigorous imprisonment for 10 years and fine of Rs 2 lacs each. Being aggrieved by the judgement and order, the accused persons have preffered appeal under section 374 of Code of Criminal Procedure before the High Court of Gujarat. The appeal is admitted.
Simultaneously, Mr Mahesh Patel being father of deceased preferred appeal u/s 372 of the Code of Criminal Procedure bearing Criminal Appeal No PQR/2007 before the High Court of Gujarat seeking compensation from the above accused persons who are responsible for the unnatural death of his son. the above appeal is also admitted and Hon'ble High Court passed an order to hear both the above appelas together at the final hearing.
now both the appeals have come up for final hearings.
Thank You for reading and i hope you will help me with this matter.
Regards.
Kaushal
25 August 2018 at 09:02
Dear Sir / Madam
My brother is a teacher in Bihar Government school. He has been falsely implicated in an FIR lodged by my neighbour. In this FIR total 5 people are made accused along with my brother. It is alleged in FIR that all 5 person were carrying unlicensed revolver and all of them have fired on the victim. As per FIR victims has been hit once by the fire made by accused no 1. My brother is accused no 4 and as per FIR he also fired targeting victim which missed it.
My brother has been falsely implicated and people also know it. Some people are also ready to give evidence in his support. But my brother is absconding due to fear of arrest. I am also a defence personnel serving 1000 km away from my home.
My query with the respected experts are as follows.
Can we make a representation to the Investigating Authority or his superior Authority quoting his false implications. Can his name be removed from the case by police authorities say by Supervision officer above IO or by IO itself if they get satisfied with our representation through their enquiry.
Kindly guide what will happen if he goes to jail and get bail subsequently. Will he be suspended or get terminated during trial. Can he join his duty after getting bail if first issue of removing his name from FIR doesn't materialize.
Thanking you Sir. Kindly guide.
modi sachin
25 August 2018 at 08:07
Can Police has power to send letter to forge signature expert without any court order?can bank manager cease locker without court order and only on instructions of police?how much time take for forge signature expert report?
modi sachin
25 August 2018 at 08:02
Can Police has power to send letter to forge signature expert without any court order?can bank manager cease locker without court order and only on instructions of police?how much time take for forge signature expert report?
Uzzair
24 August 2018 at 23:52
Dear sir/mam, I want to draft and file a 340 application in a false criminal case filed against me.
Member (Account Deleted)
24 August 2018 at 22:18
This Sarabha Raju Tallapragada, petition in person in a 498A case and would like to file a petition u/s 225 Cr. P. C, could any one help me with this petition templet please
Thanks in Advance...
Case details
C.C: 311/ 2017
Nidadavole
West Godavari
Andhra Pradesh
Md Abdul Kadher
23 August 2018 at 18:09
One criminal case was filed before a magistrate court by a defacto complaint which is pending for more than 5 years. For the past 4 years the respondent police did not attend the court. The Magistrate did not take any action against the police despite of my request. Please inform the Act, Section under which action to be initiated.
mukesh
23 August 2018 at 13:28
Dear Sirs
My brother who is a teacher in Bihar Govt and has been flasley implicated in a case by my neighbour with them we had some unresolved cases pending in court of law. They have said in Fir that my brother has fired on them with an unlicensed revolver which missed the hit.
Total 5 people are named in the FIR. It is mentioned in FIR that all have fired on them with unauthorized revolvers. As mentioned in FIR one bullet also hit a person but my brothers fire missed it.
Kindly suggest can my brother be given anticipatory bail from session court if eligible.
Can he be terminated from service even if he gets bail after being in custody for some days. I am a defence person serving away from my home in Bihar and my family members told me not to come home fearing I may also be implicated in false case.
Kindly give ur valuable suggestions.
Thanks and regards
Anonymous
23 August 2018 at 13:08
Hi, My Roka was done to a girl on 22th April 2018 and was scheduled to marry her on 20th june 2018. As I could not adjust with the girl, I asked my parents to call off the marriage. I had also told the mediator that as I am not able to adjust its better to call off the wedding, but he was just pressurise me and my family to marry her . I also ready to paying all expense which is done in roka by her father . but he Getting angered by this, the girl's father has filed a false dowry case against me and my family. He had spent 1 lac money in booking the hall but is asking double the amount than required. and After that the complainant
raised a false allegation against me, it is completely false and
incorrect statement that I demanded Rs 2,50,000 Lac cash and 1
Scorpio Car Top Model and other valuable items for the marriage. In
reality I didn’t demand anything from the complainant. also he was said to he give us 2.5 lac cash to when he come to my home. that is also totally false. After that the
complainant send 2 persons to my office had threatened and
forced me to do the marriage otherwise we will give harm to you and your family. now i am job less after this bcz my company fire me What should we do ? There is no bank transaction which he can show in the court. I just do not want to be harassed by all this legal drama. So , can you give me some advice ?
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Anticipatory bail u/s 120b, 114, 420, 406
Someone launched FIR against my friend u/s 120b, 114, 420, 406. My friend's role only give to 1 person number. But somehow complainer of fir loosing cash money by some other persons. Main culprits got anticipatory bail from gujarat high court as a condition to pay Rs.17 lakhs cash and Rs.10000 bail bond as a surity in police station and this cash money can also withdrawn by complainer any time. My friend is not guilty and he don't have money to pay Rs.17 lakhs. So any chances go get anticipatory bail and have you any judgements of high court's regarding related case. Plz help me as soon as possible