HEMABEN SANJEEVKUMAR KANODIYA Vs. D.N.NANAVATI

JUDGEMENT

(1.) How far the Doctor can be held liable for criminal action in case wherein one scissor was left in the abdominal area of the patient during the course of surgery/treatment ?

(2.) The facts giving rise to the above question are thus:

(3.) Pursuant to the complaint, the complainant, her husband and one Dr. Shah of Bombay were examined for framing charge. These witnesses were also cross-examined. Before framing of charge, accused had applied for discharge. The said discharge application came to be decided by the learned J.M.F.C. Ankleshwar by his order dated 16.7.2005. The learned Magistrate was pleased to hold that no case is made out for the offences under Sections 196, 197, 198 nor there is a question of offence under Sections 406 & 420 of IPC in the facts of the case. However, the trial Court had ordered that charge be framed against all the three accused for the offences punishable under sections 337 & 338 r.w.section 114 IPC.