VIDYUT KUMAR Vs. STATE OF CHHATTISHGARH

JUDGEMENT

(1.) THIS petition is directed against the order dated 4. 9. 2004 passed by the Additional Sessions Judge (FTC) Mungeli, in Sessions Trial No. 267/2004 framing charge against the applicant for the offence punishable under Section 304 of the Indian Penal Code.

(2.) THE order is challenged on the ground that without there being any material collected by the prosecution relating to the offence under Section 304 of the Indian Penal code the Court below has committed an illegality in framing charge against the applicant.

(3.) CASE of the prosecution in brief is that the applicant is an Ayurvedic doctor registered in the Madhya Pradesh Ayurvedic tatha Unani Chikitsa Paddhati and naturopathi Board, Bhopal. Deceased jagrati Das was suffering from vomiting and loose motion and he was taken to the applicant by his relatives for treatment. Applicant gave him some tablets and intravenous saline. After sometime he fell down and died. Merg was registered. Dead body was sent for autopsy and team of doctors opined that cause of death was shock as a result of drug induced anaphylactic leading to cardio respiratory arrest. After completion of investigation charge sheet was filed against the applicant.