Criminal trial -  Death - Medical board  -  “the head injury in itself could be sufficient to cause death in the ordinary course of nature” - The statements made in (Ex PA) and the evidence of PW1 that the head injury itself could be sufficient to cause the death in the ordinary course of nature are mere ipse dixit - Neither any specific details regarding the volume of the subdural hemorrhage are available on record, nor any medical opinion that the subdural hemorrhage caused the compression of the brain that caused the death -  There is no evidence of any concomitant brain injury - The post­mortem report and the evidence of PW2 are silent in this regard - The pathologist’s report is clear about the absence of any pathology in brain -  Such being the evidence on record, the conclusion of the High Court that death is caused by subdural hemorrhage but not cardiac arrest, in our opinion, is not based on any evidence on record and is a pure conjecture - Because to find a man guilty of culpable homicide, the basic fact required to be established is that the accused caused the death -  But, as noticed above, the medical evidence is absolutely uncertain regarding the cause of death.

 

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(2018)2 SCeJ 1112 - criminal trial - nav
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