CHINNASAMY Vs. D RAJENDRAN

JUDGEMENT

(1.) Challenging the order of acquittal of the respondents 1 and 2 dated 18.05.2005 in S.T.R. No. 92 of 2004 on the file of the Chief Judicial Magistrate, Pondicherry, the petitioner, who is the de facto complainant in the said case has come forward with this revision. It was on the final report submitted by the 3rd respondent cognizance was taken and the trial was conducted.

(2.) The facts of the prosecution case in brief are as follows: The respondents 1 and 2 are registered medical practitioners. The 1st respondent is a Surgeon and the 2nd respondent is an Anaesthetist. The deceased in this case was one Kanniyakumar. He was admitted at "Ashoka Nursing Home" at Pondicherry on 27.02.2002 for treatment for stone in gall bladder. He was advised to undergo surgery. About 1.30 p.m., he was taken to the operation theatre. The 2nd respondent herein administered general anaesthesia. The 1st respondent was to conduct surgery. But, even before the surgery could be commenced, the said Kanniyakumar collapsed on the table and died. In respect of the death of the deceased, on the complaint by the petitioner, the case was registered by the 3rd respondent under Section 174 of the Code of Criminal Procedure. During investigation, it was found that the death was due to the presence of anaesthetic drug known as sodium thiopental. The blood samples were taken from the dead body and sent for chemical analysis. According to the analyst's report, there was 14.5 micro gram of thiopental/ml of blood. The Doctor who conducted post-mortem opined that the death was due to the said drug. Alleging that the anaesthetic drug administered was excess in quantity and that it amounts medical negligence, charge sheet was laid by the 3rd respondent against both the 1st respondent (Surgeon) and the 2nd respondent (Anaesthetist). The respondents 1 and 2 denied the accusations. In order to establish the accusations, on the side of the prosecution 12 witnesses were examined and 10 exhibits were marked. P.Ws.1 to 7 have spoken to about the admission of the deceased in the hospital for surgery and the events that happened after the deceased was taken to the operation theatre, the death of the deceased and the other facts.

(3.) P.W.9 is the Chemical Analyst. On examining the blood samples of the deceased, he gave opinion that 14.5 micro gram of thiopental/ml of blood was found in the blood. He has further opined that if between 16-392 of thiopental micro gram/ml of blood is found in the blood, it would cause the death of the individual. Ex.P.6 is the Analyst's Report. P.W.8 is the Doctor who conducted autopsy on the body of the deceased. Ex.P.4 is the Post-mortem Certificate. According to his opinion, if thiopental is found between 16-392 micro gram/ml of blood, it is likely to cause the death of an individual. He has opined that the death in this case was due to the presence of 14.5 meg of thiopental/ml of blood. The other witnesses are the police officials who have spoken to about the registration of the case and investigation.