DHARMENDRA & ANR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal appeal is filed, aggrieved by the judgment dated 22.01.2009 passed in Criminal Revision No.10 of 2009 by the High Court of Bombay, Nagpur Bench at Nagpur, whereby the High Court has upheld the orders in Criminal Appeal Nos.39 and 40 convicting the appellants for offences punishable under Sections 33 and 36 of the Maharashtra Medical Practitioners Act, 1961 [for short, 'the Act'].

(2.) The appellants herein were prosecuted for the offences punishable under Sections 33(2) and 36(2) of the Act and sentenced to suffer RI for two years and to pay a fine of Rs.2,000.00. It is the case of the prosecution that the appellants herein were doing medical practice in their clinic at Hansapuri Road at Nagpur. It is alleged that they were not holding any degree or diploma to do medical practice and they were also not having any certification for doing such practice under the provisions of the Act. It is alleged that on receiving the information, Police Sub-inspector Kamalnayan attached to Tahsil Police Station on 16.04.2004 at about 5:00 p.m. sent the punter PW-6 Yamuna Prabhakar Dekate to the clinic of the appellants herein and they have treated the injuries suffered by the said punter and applied bandage by receiving an amount of Rs.50.00. The said Yamuna Prabhakar Dekate was examined as PW-6. Further, it is the case of the prosecution that PW-9 Kamalnayan along with the police staff raided the said clinic of the accused and the accused was found with PW-6 Yamuna Prabhakar Dekate. During the raid, one of the employees PW-8 Sangita was found in the clinic. The prescription alleged to have been given by the appellants was seized under the seizure panchnama being Ex.32. Thereafter PW-9 Kamalnayan lodged a report under Ex.39 at Tahsil Police Station. On the basis of that report, FIR Ex.40 was prepared and Crime No.3143 of 2002 was registered against the appellants herein for offences punishable under Sections 33 and 36 of the Act.

(3.) For the aforesaid offences, the appellants were tried by the court of JMFC, Nagpur and on behalf of the prosecution, 9 witnesses were examined and documentary evidence was adduced. The trial court, i.e., Judicial Magistrate First Class, Court No.4, Nagpur, by judgment dated 16.04.2004, convicted both the accused and sentenced them to undergo RI for two years and also to pay a fine of Rs.2,000.00 for the offence punishable under Sec. 33(2). They were further sentenced to pay a fine of Rs.1000.00 for the offence punishable under Sec. 36(2) of the Act.