RADHA SASIDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The first accused, in S.C. No. 45/97 on the file of the II Additional Sessions Judge, Kollam, is the appellant. She, along with the 2nd accused, was tried for offences punishable under Sections 419, 420, 468, 471 and 304 of the IPC, read with Section 34 thereof. The second accused was acquitted and the appellant/first accused was convicted of offences punishable under Sections 419 and 304, Indian Penal Code. She is sentenced to undergo rigorous imprisonment for two years under the first count and for another term of 3 years and to pay a fine of Rs. 30,000/- in default whereof, to undergo rigorous imprisonment for a term of six months under the second count. The sentences were directed to run concurrently. On all other counts, she also was acquitted.

(2.) The allegation against the appellant was that she cheated by personation exhibiting the board 'S.N. Hospital and Maternity Home' in building No. TP/415 and by deception making others believe that she was a qualified registered medical practitioner, competent to treat with Allopathic medicines and dishonestly cheated the patients and that she treated the patients including the deceased Sheeja, daughter of PW. 2, without taking precaution against drug reaction and that she later succumbed to the injuries arising out of such drug reaction. Therefore, she commited cheating by personation and culpable homicide not amounting to murder.

(3.) Challenging the conviction and sentence, for the offence under Sections 419 and 304, I.P.C., this appeal is preferred by the first accused.