A. JAYASINGH RAJAMANI Vs. STATE AND ORS.

JUDGEMENT

(1.) SEEKING to quash the proceedings in C.C. No. 42 of 2009 on the file of learned Judicial Magistrate No. I, Nagercoil, the petitioner has come forward with the present petition.

(2.) HEARD both sides.

(3.) THE learned counsel for the petitioner would further submit that the case of the prosecution is that the petitioner is said to have administered anaesthesia to the deceased boy to perform surgery on his right hand. The petitioner has given local anaesthesia at the right armpit and it was not effective. Then, another anaesthesia was given at right Clavicle bone and it was also not effective. Thirdly, general anaesthesia was given, and, thereafter, surgery was performed. According to the learned counsel, the petitioner was assisted by another anaesthesia Dr.Suganthalakshmi. Since the boy/patient has developed anaesthetic accident, immediately, they called for Dr.Sivakumar, the Head of the Department of Anaesthesia in the Government Medical College Hospital. On his advice, ventilation has been given stating that fluid has been accumulated in his lungs, but, unfortunately, the boy died on 04.04.2007 at 03.30 a.m. Therefore, a case has been registered under Section 174 Cr.P.C., on 04.04.2007 on the basis of the complaint given by one Vasantha, the mother of the deceased. But, post -mortem has been conducted by a team of doctor and it has been video -graphed. Subsequently, case has been altered into one under Section 304(A) IPC and after investigation, charge sheet has been laid under Section 304(A) IPC.