MOHANAN Vs. PRABHA G NAIR

JUDGEMENT

(1.) THE complainant in a private complaint is the appellant as he is aggrieved by the judgment dated 20.2.2007, in C.C.No.599 of 1999 of the Court of Judicial First Class Magistrate-1, Cherthala, by which, the learned Magistrate acquitted the accused, under section 255(1) Cr.P.C, who faced the prosecution for the offence punishable under section 304-A of the Indian Penal code (herein after referred for short, 'IPC').

(2.) THE case of the complainant is that the accused is a Doctor in the Gynaecology Department of the KVM Hospital, Cherthala and the wife of the complainant, namely, Sobhana, consulted the accused in connection with her pregnancy test and after consultation, the accused stated that there was no problem for the mother or the child in the womb. According to the complainant, as per the direction of the accused, the wife of the complainant was admitted in the KVM Hospital on 27.11.1995 and thereafter, on 4.12.95, she gave birth to a still born child. According to the complainant, at the time of the delivery, Vacuum Extractor and Forceps were used and episiotomy was also conducted. It is the further case of the complainant that the above said instruments were used in an improper and negligent manner and causing danger to the life of the patient and as a result of which the uterus was injured and the wife of the complainant was having severe pain and bleeding, and finally on 8.12.95 at 5.20 a.m., she passed away. It is the further case of the complainant that , due to the bleeding and pain, on 4.12.95, when the health of the complainant's wife became worse, the complainant and his relatives requested the accused seeking permission for taking the patient to the Medical College Hospital, Alappuzha, but the accused had assured that there was nothing to worry and, within 2 - 3 days, she will be cured, since the patient was treating with medicines brought from Germany. Thus, According to the complainant, due to careless and negligent manner of dealing with the delivery, the child as well as the mother, Sobhana, the wife of the complainant, died and the death of Sobhana was due to the rupture of uterus, and the accused suppressed the above fact. According to the complainant, he had preferred a complaint before the Cherthala Police Station on the basis of which, crime No.432/95 registered, but subsequently, the police has referred the crime. Therefore, he approached the court by filing the present complaint as a protest against the refer report of the police.

(3.) THEREAFTER the accused entered appearance in the trial court and the particulars of the offence punishable under section 304-A IPC was read over and explained to the accused and she pleaded not guilty and thereafter the complainant has adduced evidence by examining PWs 1 to 6 and producing Exts.P1 to P5.