K.RAVINDRAN Vs. STATE

JUDGEMENT

(1.) These petitions have been filed by A12, A5 and A1 to A4 respectively, to quash the proceedings pending in SC.No.191 of 2015 on the file of the Additional Sessions Judge, Kanyakumari District at Nagercoil.

(2.) The case of the prosecution is that on 18/3/2011 Tmt.Rukmani, wife of Ganesan was admitted at Asarippallam Medical College Hospital, Nagercoil, to undergo abortion and vasectomy. On 19/3/2011, she was brought to operation theatre and A12, is the anesthetist to the said Rukmani and Dr.Cardilla Bose was supposed to perform the operation. While administering anesthesia from cylinder No. 287717, the anesthetist had actually administered 'Nitrous Oxide' ( N2O) to the patient which was inhaled. As a result, Tmt.Rukmani became unconscious and went into coma. From there, the patient was shifted to Rajaji Government Medical College Hospital on 18/4/2011 and till then, the patient was treated in the same hospital. There was no further improvement in the health condition and therefore, the patient was shifted to Vellore Christian Medical College Hospital, where she was treated. Unfortunately, the said Rukmani died on 4/5/2012 at about 6.15 a.m. Based on the complaint given by the Medical Superintendent, an FIR came to be registered in Crime No.158 of 2011. The investigation was completed and the police report was filed as against 12 accused persons for offences under Ss. 284, 328, 304, 338, 304A of IPC read with Rules 4, 5, 6 and 35 of the Gas Cylinder Rules and Sec. 20A of the Indian Medical Council Act. The Court below took cognizance of the offence and issued process to the accused persons. Aggrieved by the same, A1 to A5 and A12 have filed these quash petitions seeking to quash the proceedings.

(3.) The charge against A1 to A5 is that N2O was filled in the cylinder bearing No.287717 which was sent by M/s.Falcon Air in which A1 was working as Manager, A2 was working as the Marketing Executive and A3 and A4 were working in the branch office at Nagercoil as Managers. The empty cylinder was received from the Government Medical College Hospital, Kanyakumari at Asaripallam, which was collected by the branch office named as M/s.Shivaji and Co., in which A3 and A4 are working as Mangers. This cylinder was sent to M/s.Life Care Nitrous India (P) Ltd in which A5 was incharge of the company and are manufacturers of Nitrous and this cylinder was filled up with N2O. It was sent back to M/s.Shivaji and Co., and in turn, it was collected by M/s.Falcon Air and the cylinder was sent back to the Government Medical College Hospital through a Delivery Note dtd. 4/2/2011. It was found that M/s.Falcon Air was not holding a valid drug license during the relevant point of time for stocking and distribution of medicinal gases but were engaged by the hospital for supplying to the Government Medical College Hospital. Thus, M/s.Shivaji and Co., received the cylinder filled with N2O which was filled and supplied by M/s.Life Care Nitrous India Private Limited, Coimbatore, and it was distributed to M/s.Falcon Air without holding a valid drug license. That apart, N2O was filled in a cylinder which was supposed to be filled with Oxygen (O2) since the cylinder No.287717 contained the label O2. This cylinder reached the hospital and when anesthesia was administered, N2O was administered in the place of O2 which was inhaled by the deceased which proved fatal. Insofar as the charge against A12, he is the anesthetist who is expected to properly verify the cylinder before administering the anesthesia and there was gross negligence on his part to have not verified the same and not properly checked the valve which is different for a cylinder filled up with O2 and a cylinder filled up with N2O. As a result, the unfortunate incident took place.