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State vs . Amrawati & Anr. on 21 April, 2015

7. This witness was cross examined by Ld. Defence counsel wherein she stated that she was alone at her home when aforesaid incident happened with her at around 4.00 or 5.00pm. She further deposed that she was residing at first floor of the premises which she was locked inside the room which belongs to the accused persons on the ground floor. At that time nobody except the accused persons and her were present. She further deposed that police came there around 7.00pm and she was saved by nobody and the accused persons beaten her up continuously, meanwhile her husband also came from office and he made a call on 100 number and police there and got opened the door. She further deposed that her husband was working with DDA and he used to come at around 6 to 6.30pm at home and her broken tooth was not taken into possession by police as same was removed by the accused persons by throwing it in gutter at about 6.00pm. She had told the said fact to the police but she cannot say whether this fact was recorded by police in her statement or not. She further cannot say whether the danda used by accused persons was taken into possession by police or not. She had told the said fact to the police about the danda used FIR No. 928/05 State Vs Amrawati etc. Pages 3/13 by accused persons. She further deposed that she does not remember whether this fact was recored by the police in her statement or not as she was unconscious at that time due to severe beating given by accused persons to her. She was unconscious till her husband came at about 6 or 6.30pm. She further deposed that she does not remember how many police persons came to the spot, again said 4 persons. Due to the hitting by danda her whole jaw got dislocated/fractured and her tooth also got broken and her whole mouth got swollen. She denied the suggestion that she had told the doctor that the said incident had happened at 5.30am (confronted with portion A to A on MLC). She further deposed that the blouse piece which was torn by the accused Sanjeev was taken into possession by the police and at the time of seizing said cloth her signatures were also taken on the memo/document (confronted the said document i.e. seizure memo is not in the case file). It was not a danda but it was a bat. She further deposed that her statement was recorded at PS at about 9 to 10 pm after her medical examination. She further deposed that the police reached the spot after the passage of two hours of incident. She further deposed that she remained at hospital for two hours and she was discharged on the very same day from the hospital. It took about one hour to reach the PS from AIIMS hospital and she remained at PS about 2-3 hours and she left the PS at about 10pm. She denied the suggestion that the accused also received injury caused by her in her thumb by biting, during the scuffle. She admitted that the MLC of the accused Amrawati was also prepared. Again said, she does not remember whether the medical examination of accused Amrawati was conducted or not. She denied the suggestion that the accused Sanjay was not present at the spot at the time of alleged incident.
Delhi District Court Cites 9 - Cited by 0 - Full Document

State Of Haryana And Another vs Smt. Babli And Others on 18 February, 2014

I have heard learned counsel for the parties and after perusal of the record it has been found that there is no fault or negligence on the part of the appellants much less respondent No.2 in performing sterilization operation because there is no delivery of any child because of pregnancy after RSA No.4130 of 2010 -5- the said operation as the child has been delivered by the plaintiff because of the two months pregnancy which was already there when she had undergone sterilization operation. She did not disclose to the Doctors that she was not having menstruation from the last three months and being a young woman having five children, already knew very well that if she had missed her menses, the reason could be that she was pregnant or otherwise she should have consulted her Doctor in that regard. Thus, it is not a case where the child has not been born after the sterilization operation rather the child has been born on account of the pregnancy which was already there before the sterilization. Hence, there is no fault on the part of the appellants and in that regard, the decision of the Supreme Court in the case of Shiv Ram (Supra) and this Court in the case of Amrawati (Supra) comes to the rescue of the appellants.
Punjab-Haryana High Court Cites 3 - Cited by 5 - R K Jain - Full Document
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