VISHNUBHAI NANALAL SUTHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . The incident leading to the filing of the appeal happened on 30-11-1989 at about 8-00 p.m. The manner of its starting is peculiar. The case of the prosecution is that it was accused No. 2 himself who informed the police about the injured person having been thrown into his hospital. However, the police was informed immediately by 8-00 p.m. Before police was informed, accused No. 2 had contacted his friend Dr. Kantibhai Mohanlal Patel, P.W. 3, Exh. 20, an Orthopedist, who in turn, according to his deposition, contacted Dr. Dave, Superintendent of Sarvajanik Hospital, Modasa. The common advice of both these doctors to accused No. 2 was that he should inform the appellants and thereafter should start the treatment.

(2.) . Accused No. 2 is an Orthopaedic Surgeon and is running a hospital in the name and style of Navdeep Hospital at Modasa, District : Sabarkantha, Himmatnagar. The deceased Tarachand was eventually brought to the said trust hospital and his treatment commenced. The hospital record shows that he was brought to that hospital by 11-00 p.m. as per case paper Exh. 17. He was found in a critical condition and immediate treatment was started. On 14-11-1989, he was referred to Ahmedabad Civil Hospital from where he was brought to V. S. Hospital and on 16-11-1989 he succumbed to injuries.

(3.) . The case put forth against both the accused-appellants is to the effect that on 13-11-1989 at about 8-00 p.m., deceased Tarachand visited the hospital of accused No. 2. The purpose of this visit was to demand an amount of Rs. 8,000.00 which was due to him from accused No. 2. At that time, accused No. 1 who was working as compounder of accused No. 2, at the instance of said accused No. 2 gave hammer blows to the deceased and also brought a wire with the help of which an attempt of strangulating the deceased was made. Again hammer blows were given by accused No. 1 and accused No. 2 gave an injection into the right arm of the deceased.