M K RAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Section 482 of the CrPC, the petitioner has prayed for quashment of the order dated 4-4-2011 passed by the 5th Additional Sessions Judge, Bilaspur in Criminal Revision No. 41/2011, affirming the order framing charge dated 31-1-2011 passed by the Judicial Magistrate First Class, Bilaspur in Criminal Case No. 426/2010, whereby the trial Court has explained the particulars of the offence punishable under Section 304A of the IPC. I have heard learned counsel for the parties, perused the orders impugned and copies of other documents.

(2.) As per copy of the charge sheet, the petitioner was posted as Block Medical Officer, Masturi. In the year 2008, Family Planning Operation Camp was organized at Masturi for family planning operation of females interested for their operation. On 27-2-2008 Smt. Madhuri Rathore (since deceased) also came for her family planning operation. Before surgery she was injected Atropine & Fortwine injections by Kum. P. Solomon, LHV i.e. Nurse. After administration of injections, Smt. Madhuri Rathore became restless. The doctors immediately shifted her to CIMS and probably during the course of travelling, she died. As per the charge sheet, the petitioner was in-charge of the said Camp. Report was lodged and after completion of investigation, charge sheet was filed. As per the autopsy report, death was due to cardio respiratory failure.

(3.) Learned counsel for the petitioner submits that the petitioner was in-charge of the Family Planning Camp organized for family planning operation of interested women. Trained nurse Kum. P. Solomon was authorized to administer the injections Atropine & Fortwine. The petitioner has not administered aforesaid injections. As per medical, requirement and report of a team of six doctors, Atropine & Fortwine injections have been administered under the supervision of qualified doctors by qualified nurse Kum. P. Solomon, deceased Madhuri Rathore was not suffering from any disease and she was gynaecologically fit for LTT operation. Primary pathological test of Madhuri Rathore has been conducted and nothing was found negative. Kum. P. Solomon has administered injections to other women also before LTT operation. Nobody was negligent in performing their duty. It is not the case of medical negligence or death caused by negligent act. It is an act of vis major and nobody is responsible for the unfortunate death of deceased Madhuri Rathore.