DR.K.RAJAGOPALAN Vs. REGHA

JUDGEMENT

(1.) This criminal revision petition has been filed challenging the order passed by the Assistant Sessions Court (Addl.), Palakkad (for short, 'the trial court') in Crl.M.P. No.101 of 2016 in S.C. No.375 of 2015, dismissing the petition for discharge filed under Sec. 227 of the Cr.P.C.

(2.) The revision petitioner is the accused, and the 1st respondent is the de facto complainant in S.C. No.375 of 2015 pending before the trial court. The offence alleged against him is under Sec. 304 of IPC.

(3.) The petitioner is a doctor by profession. In 2012, the petitioner was working as a visiting doctor at the Kerala Nursing Home in Palakkad. On 8/5/2012, the petitioner performed surgery on a child, namely Athira, the 10-year-old daughter of the 1st respondent, for appendicitis. The petitioner himself administered spinal anesthesia to the child just before the surgery. He did not seek the service of an anesthetist. During the surgery, the child developed complications due to the anesthesia. The surgery started at 03.35 p.m. At 03.45 p.m., the oxygen saturation came down to 80%, and the child developed cardiac arrest. At 04.00 p.m., the child was declared dead.