GOVT. OF NCT OF DELHI Vs. INDER SINGH

JUDGEMENT

(1.) Criminal Appeal under Sec. 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') has been filed on behalf of the Petitioner/State challenging the Order dtd. 16/1/2020 learned CMM, Delhi, whereby the Respondents have been acquitted under Sec. 304A of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and Ss. 13(4A)/15(3) of the Indian Medical Council Act, 1956 (hereinafter referred to as "IMC Act") in FIR No.804/2005 registered at P.S. Najafgarh, Delhi.

(2.) The case of the Prosecution is that Complainant/Satish Kumar filed a Complaint wherein he stated that on 12/8/2005, he took his pregnant wife Smt. Reeta ('the deceased') to nearby Delhi Clinic, where she gave birth to a daughter at about 02:30 PM. She remained admitted in the Clinic for about one hour and during this period, Respondent No.1/Dr. Inder Singh (since deceased) and his wife, Respondent No.2/Ms. Jagjeet Kaur continued some treatment on her and when her condition got serious, Dr. Inder Singh, on his own, at about 04:00 PM, shifted her along with Glucose bottle, to Gobhania Nirog Dham Hospital ('Gobhania Hospital'). There she was kept under observations of Respondent No.3/Dr. Shivraj (since deceased) for about 1.5 hours. Dr. Inder Singh remained present there throughout this period.

(3.) On the same day, at about 05:45 PM, the Complainant was informed by Gobhania Hospital that his wife's condition is not well and it as not improving. Dr. Shivraj along with the Complainant, one Driver, an Employee of Gobhania Hospital and Complainant's Mother, took his Smt. Reeta to DDU Hospital. On reaching the Emergency of DDU Hospital at about 06:30 PM, Doctors declared Smt. Reeta, as brought dead. The Complainant brought his wife to his house and informed the Police and on his statement, FIR was registered.