STATE OF GUJARAT Vs. BHUPENDRABHAI NANDLALBHAI

JUDGEMENT

(1.) BY way of this appeal under Section 378 of the Code of Criminal Procedure, 1973, the State of Gujarat has challenged the judgment and order dated 16th May,1997, passed by the learned Chief judicial Magistrate, Surendranagar, in Criminal Case No. 7352 of 1996 whereby both the respondents have been acquitted of the charges for offences punishable under Sections 304a and 114 of the Indian Penal Code.

(2.) THE respondents herein are practising Doctors who have been charged for having caused the death of Sarojben, wife of the complainant, due to rashness and negligence. In order to appreciate the matter in its proper perspective it will be necessary to narrate the facts which have given rise to the case.

(3.) THE case of the prosecution is based upon the complaint lodged by Ganshyambhai Rasiklal Soni on 17th May, 1996, at City Police Station, Surendranagar, to the effect that, on the fateful day of 17th May,1996, his wife Sarojben was to undergo an operation for nasal polyps at the Hospital of the respondents. For this purpose, an appointment had been fixed on the previous day. Therefore, on 17th May 1996, Sarojben went to the Hospital of the respondents at 11. 30 A. M. It is stated in the complaint that Sarojben was taken into the operation theatre at about 1. 45 P. M. and the complainant was told by the respondents that the operation would take approximately 45 minutes. However, when the door of the operation theatre did not open till 4. 30 P. M. , the complainant knocked on the door and the respondent No. 1 came out of the theatre. During the operation, respondent No. 2 was also present there. It is further narrated in the complaint that on the complainant enquiring from the respondent No. 1, he was informed that the operation had failed and the wife of the complainant had suffered heart failure. Thereupon, the complainant informed his close relatives and called them to the Hospital and also lodged the complaint as narrated above.