DILIP KUMAR DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Leave granted. Heard the learned counsel for the parties.

(2.) This appeal is for expunging certain remarks made by a learned Judge of the Guwahati High court against the two appellants herein, namely, Drdilip Kumar Deka and Dr P. K. Baruah, who are attached to Mahendra Mohan Choudhary Hospital, Guwahati ('mmch' for short) , while disposing of a criminal revision petition filed by an accused in a murder case. Facts and circumstances leading to the remarks are as under.

(3.) Over the murders of Mrs. Karabi Das and her niece Ms Chandra Rani Dharitri Das a case under Section 302 Indian Penal Code was registered by Latasil Police Station on 1/8/1995. In connection with that case Smt. Geeta Kalita and her husband Shri Bhagya Kalita were arrested on 2/8/1995; and on their production before the Chief Judicial Magistrate, Guwahati on the following day (3/8/1995, they were remanded to police custody for seven days on the prayer of the Investigating Officer. While in police custody Smt. Kalita complained of severe abdominal pain in the night of 8/8/1995 and, therefore the police took her to MMCH. There she was first treated by Dr K. S. Dowerah and, under his advice, was admitted in the hospital as an indoor patient. On the following day Appellant 1 examined her and diagnosed that she was suffering from peptic ulcer and appendicitis. Appellant 1 then advised the Deputy Superintendent of the hospital to transfer her to the Guwahati Medical College Hospital ('gmch' for short) as the facility for ultrasonography was not available in their hospital. Accordingly, the Deputy Superintendent wrote a letter to the Officer-in-charge of Latasil Police Station on 9/8/1995 requesting him to make security arrangements for shifting her to GMCH. However, she was not removed to GMCH and, hence, continued to be treated by the doctors of the MMCH including the two appellants.