MOHD KASIM ALI S/O MOHD FAYAZ ALI Vs. STATE THROUGH BASAVAKALYAN GRAMEENA POLICE STATION BASAVAKALYAN

JUDGEMENT

(1.) The petitioners herein are arrayed as accused Nos.1 to 3 in C.C.No.36/2017 pending on the file of Senior Civil Judge and JMFC, Basavakalyan, for the offences punishable under Sec. 304(A) of IPC. The respondent No.2 herein is the de-facto complainant.

(2.) I have heard the learned counsel for the petitioners 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.56/2013 against the accused persons for the alleged offence under section 304(A) of IPC. He has alleged in his complaint that the accused were Duty Doctors and they are responsible for the death of his wife Smt.Sunita @ Manikbai who was admitted in the Govt. Hospital and operated on 15.05.2013 by accused No.3 for Tubectomy at Rajeshwar Government Hospital and accused Nos.1 and 2 being the Duty Doctors. As she developed severe pain on 16.05.2013 wherein she was taken for higher treatment to Bidar Institute of Medical Sciences and Teaching Hospital, Bidar, and on the way she died and hence attributed the death due to negligence of the accused Nos.1 to 3, the petitioners herein. After the death of Sunita, her husband filed the complaint on the basis of which respondent police have registered a case in crime No.56/2013 and thereafter charge sheet was filed before the Senior Civil Judge and JMFC, Basavakalyan for the offence punishable under Sec. 304A of Penal Code and the case is registered in C.C.No.5/2017.