CHANDER PRAKASH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) On 16.05.2001 there was an accident at T-point, Azad Pur, Delhi between a scooter and dumper bearing registration No.HR-38-C-4283 in which deceased Shamshad was seriously injured. He was rushed to Sunder Lal Jain Hospital at Ashok Vihar and from there, shifted to Sushruta Trauma Centre. On arrival at Sushruta Trauma Centre, Shamshad aged about 30 years, was declared 'brought dead'. A young life was lost but leaving behind a question as to who was responsible for this untimely death of Shamshad i.e. whether he died after suffering fatal injuries in the accident or medical negligence or the inability of the relatives of the deceased to deposit the required amount in the hospital to st the treatment. The deceased has left behind many such questions unanswered.

(2.) The family was aggrieved that despite being rushed to Sunder Lal Jain Hospital, the precious life of Shamshad could not be saved. Finding himself unable to bear the loss and with a view to bring justice to the departed soul of his brother Shamshad, the complainant Sh. Azad Hussain Malik started a crusade. It has been pointed out during course of hearing by learned counsel for the complainant that only because of this case now 25% beds are reserved in every hospital for poor and needy persons and they are provided immediate medical treatment. In fact the efforts made by the complainant have not gone waste and though he may regret throughout his life that he could not save the life of his brother, at least due to his efforts many others have been benefited which must have given enough solace to the complainant in his crusade to get justice for his brother.

(3.) Crl.Rev.P No.487/2003 was filed by the Chairman, Managing Committee, Sunder Lal Jain Hospital (hereinafter referred to as accused) impugning the order dated 19.05.2003 vide which he was ordered to be charged for committing the offence punishable under Section 304 IPC.