STATE Vs. DEVAKI AMMA

JUDGEMENT

(1.) THIS appeal is by the State against acquittal entered by the lower appellate court. The respondent, Devaki Amma was a midwife in the women and Children's Hospital, Thycaud, Trivandrum . She was charged with criminal negligence for causing the death of a pregnant woman, Aisha Beevi by name, who was a patient in the hospital, by administering carbolic acid to her instead of carbonative mixture. She denied the charge and stated that carbolic acid was not administered by her. Further it was stated by her that besides herself, there was at the time another midwife who was also incharge of the same ward and over and above that there were two nurse-trainees also working there; implying thereby that the carbolic acid might possibly have been administered by some one among them. The trial court repelling the plea of the accused, convicted her under S. 304-A, I. P. C. and sentenced her to a fine of Rs. 200/ -. In appeal the learned Addl. Sessions Judge of Trivandrum agreed with the learned trial Magistrate in his finding that carbolic acid was administered by the accused herself and not by any other midwife or nurse; but the accused was acquitted by the learned appellate judge on the ground that no criminal negligence has been established so as to warrant a conviction under s. 304-A, I. P. C.

(2.) I think the view of the learned appellate judge is correct in the circumstances of the case. Learned counsel for the respondent wanted this court to reconsider the finding of fact entered by the courts below, viz. , that carbolic acid was, in fact, administered by the accused and none else. I do not think the finding calls for re-consideration. The fact that the deceased was an in-patient in the labour ward and that the accused was the duty mid-wife in charge of the labour ward at the time cannot be denied and has been well proved by the evidence in the case. Immediately after administering the medicine the accused ran up to Pw5, the RMO. and confessed to her that by mistake carbolic acid was administered to the patient. The same confession was made by her to Pw 6, the Superintendent also. The courts below have accepted this evidence and found that carbolic acid was, in fact, administered by the accused to the deceased and I see no reason to disturb that finding.