STATE OF KARNATAKA Vs. K S NAGESH

JUDGEMENT

(1.) Heard Sri.G.M.Srinivasa Reddy, learned HCGP regarding delay of 33 days in filing the appeal. For the reasons stated in the affidavit and for the reasons that the matter will be disposed of today itself on merits, delay of 33 days caused in filing this appeal is condoned.

(2.) Heard Sri G.M.Srinivasa Reddy, learned HCGP for the State regarding admission.

(3.) This appeal is filed challenging the Judgment dated 12.04.2012 passed in Crl.A.652/2011 by the Presiding Officer, Fast Track Court-I at Bangalore, in which the learned Sessions Judge dismissed the appeal filed by the Public Prosecutor on the ground that the said appeal is not maintainable. The 8th Additional Chief Metropolitan Magistrate, Bangalore after trying the respondent/accused for the offence under Section 304-A of IPC acquitted the accused. The charge shut was laid on the accused on the ground that on 04.11.2006, accused being an Anesthetist in M.S.Ramaiah Hospital, Bangalore administered general anesthesia instead of local anesthesia to one Savitha aged about 31 years, who was advised for surgery on her left finger on account of injuries sustained on assault by the thieves and was brought to the hospital on the said date. It is the case of the prosecution that, without taking proper precautionary steps, the doctor administered general anesthesia instead of local anesthesia negligently, as a result of which, the said Savitha succumbed to the said administration of anesthesia by the respondent and therefore the police laid the charge sheet against the respondent.