SANJEEV BIRADAR Vs. STATE

JUDGEMENT

(1.) The petitioner herein is arrayed as accused No.1 in C.C.No.633/2017 pending on the file of Principal Senior Civil Judge and CJM, Bidar, for the offences punishable under Sections 304(A) of IPC. The respondent No.2 herein is the de facto complainant.

(2.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader.

(3.) I have carefully perused the material on record. It is evident from the records that the respondent No.2 lodged a complaint-FIR in crime No.284/2014 for the alleged offence under section 304(A) read with section 34 of Penal Code against the petitioner and others on the allegation that her son by name Arun was suffering from jaundice and was admitted to government hospital and he died on 11.09.2014 at 9.30 p.m. due to severe anemia and she contended that during the course of treatment her son was not provided with proper medication as well as other facilities which were available in the hospital for managing the critical situation such as ventilator in spite of making specific request, the Duty Doctor refused to provide the proper medicines due to which her son died. Therefore she sought to initiate appropriate proceedings against the District Surgeon and the Duty Doctors responsible for the death of her son by lodging a written complaint on 11.09.2014. On the basis of the complaint, the police have registered a case against the petitioner and other doctors in the Government Hospital, Bidar and investigated the matter and thereafter filed the charge sheet which is now registered in C.C.No.633/2017 on the file of Principal Senior Civil Judge and CJM, Bidar for the offence punishable under section 304(A) of IPC.