KRISHNA PRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused by this petition requests for quashing of the proceedings in C.C.No. 832 of 1987 pending on the file of the Judicial Magistrate First Class, Puttur.

(2.) The material facts leading to the present case are as under :- The deceased Vasanti was the wife of the complainant Harischandra C.W.I who is working as P.S.I. S.D. unit, Mangalore. The deceased Vasanti was married to the complainant Harischandra C.W.1 on 23-4-1984. The deceased was about 21 years old when she was married to the complainant Harischandra. She was pregnant by about 8 months by 28-12-1985. On 12-1-1986 the deceased's mother Mrs. Leelavathi and the deceased's father Purushotham Achar went to the complainant and took the deceased Vasanti to their house as it was her first delivery. The complainant Harischandra was getting his wife Vasanti examined at the hands of Dr. H.S. Somasekhar Rao of Vasudev Clinic of Mulki ever since she was carrying five months till she was taken by her parents on 12-1- 1986. The said Dr. Somasekhar Rao, according to Harischandra, was opening that everything was alright. Even on 25-12-1985 Harischandra got his wife examined at the hands of Gynaecologist Smt. Meera R. Kamath of Mulki. According to him, Dr. Smt. Meera R. Kamath told him that everything was alright. Even on 14-1-1986, the parents of the deceased had got her examined at the hands of Dr. K. Gopalakrishna Bhat of Uppinangadi who, in turn, had told them to take her to Bonanthay Krishna Bhat Memorial Hospital at Puttur. According to him, Dr. Vasanti attached to Bonanthay Krishna Bhat Memorial Hospital, on examining the deceased had told that every thing was alright with her. The said doctor had prescribed some medicines to the deceased. On 26-1-1986 at about 8-00 p.m. Vasanti was taken by her parents to the said Nursing Home at Puttur as she started getting pains. Dr. Vasanti examined her and informed her parents that she would not have immediate delivery. She asked them to bring her the next day morning. Accordingly on 27-1-1986 at about 5-30 a.m. she was taken by her parents to the said Nursing Home. She was admitted to the said Nursing Home at about 6-00 a.m. on 27-1-1986. Dr. Vasanti was told about the said admission by Attender Shoba through phone. She was so admitted in the Nursing Home as per the words of the accused Dr. Krishna Prasad and Dr. Vasanti. At about 9-00 a.m. on that day, Dr. Vasanti and her brother the accused Dr. Krishna Prasad went to the Nursing Home and examined her and found her B.P. reading as 120/86. Her feet were slightly swollen. The child had fully developed. As the pelvis was very narrow, it was not possible for the child to move down through the pelvis, and the child was floating just above the pelvis itself. The neck of the uterus had become soft and had widened by about 2 fingers. It was not possible to push down the head of the child through the pelvis as the pelvis passage was very narrow. But, however, Dr. Vasanti and her brother the accused wanted to wait and find out whether she would have a natural delivery. At about 10-00 a.m. on that day, Chloromycetin injection of 2 c.c. was administered to the deceased Vasanti. Again she was examined by Dr. Vasanti at about 1-00p.m. and she found that Vasanti was getting labour pains once in four minutes and that pain persisted for about 45 seconds to one minute. She found that the head of the child was not still going into the pelvis passage. Vasanti made some attempts to push the head of the child into the pelvis passage but in vain. Hence she found that Vasanti would not have a natural delivery at all. She consulted the accused Dr. Krishna Prasad also in the matter. She and the accused Dr. Krishna Prasad came to the conclusion that in order to save the child and the deceased Vasanti, there was no other alternative but to carry out caesarean operation. The accused and Dr. Vasanti consulted the parents of the deceased Vasanti and told them that Vasanti would not have a natural delivery at all and that the only alternative to save the child and the mother was to carry out the caesarean operation. The parents of the deceased Vasanti gave consent to the operation. They also consulted Vasanti and she also gave her consent to the operation and they noted the consent of the deceased Vasanti and her parents in the case sheet. By about 1- 30 p.m. the deceased was given one ample of Atropine injection in the labour room. The operation theatre was got ready. By about 2-30 p.m. Vasanti was taken from the labour room to the operation theatre. Dr. Vasanti and the accused got themselves ready to carry out the operation. At that time, the Attenders Lakshmi, Shoba, Yashoda and Shankari were also present in the hospital. Dr. Malati, wife of the accused, was also present in the operation room. Dextrotyle M. drips were being given to the deceased by putting the needle in the vein of the left hand. By about 3-00 p.m. they wanted to carry out the operation by giving local Anaesthesia as they thought that general Anaesthesia would affect the child. Accordingly the accused gave Spinal Xylocaine of 1.2 c.c. to the spinal cord in order to give local Anaesthesia. Within two minutes after giving the said injection, the blood pressure began to fall down suddenly. As the blood pressure began to fall down suddenly, the accused hastened the drips and 1 c.c. of Betnesol injection was given by Dr. Malati to the deceased. Immediately thereafter 1/4 c.c. of Mephentine injection was given to Vasanti. Immediately oxygen was also given. With all the efforts, the blood pressure did not come up at all. Again one more Intra venous Betnesol injection of 2 c.c. was given. With all the efforts, the blood pressure did not come up. The accused examined the deceased and found that her heart had stopped beating. Immediately he gave 1 c.c. of Adrenaline injection to the heart. It was of no use. The accused carried out external cardiac massage for nearly 10 minutes and that was also of no use. The deceased Vasanti was found dead by then. The accused and Dr. Vasanti came out of the operation theatre and told the parents of the deceased about the death of Vasanti on the operation theatre. Thereafter the deceased's husband- complainant Harischandra was informed about the death of Vasanti. Thereafter the complainant-husband gave an application dated 8-3- 1986 to his superiors alleging rashness and negligence against the accused. A report was called for by the superior police officers. Ultimately a case was registered against the accused on 14-3-1986 for the offence under Section 304A I.P.C.

(3.) The police after registering the case recorded the statements of C.Ws. 1 to 16 and drew up some mahazars and ultimately laid a charge sheet against the accused for the offence under Section 304A, I.P.C.