UMAKANTHAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred by a qualified medical practitioner holding M. B. B. S degree and also a Civil Assistant Surgeon of government Kamaraj Hospital against the judgment of conviction and sentence passed by the learned Assistant Sessions Judge, Chidambaram made in S. C. No. 160/97 dated 17. 3. 99 convicting him under Section 304 (ii) I. P. C. and sentencing him to 10 years rigorous imprisonment and to pay a fine of Rs. 3 lakhs carrying a default sentence of 3 years rigorous imprisonment.

(2.) THE charge against the appellant is that on 2. 2. 95, while he was working at Government Kamaraj Hospital, chidambaram, he conducted surgery on the deceased Rani for family planning negligently and conducted second surgery with the knowledge that such surgery is likely to cause death of the deceased. THE deceased died on 13. 2. 95 at 5. 00 p. m. due to peritonitis and thereby he has committed an offence under Section 304 (ii) I. P. C.

(3.) DURING the course of trial, the prosecution, in order to prove its case, examined P. W. s 1 to 13, filed Exs-P1 to P20 and marked M. O. 1- photographs and negatives and M. O. s 2 and 3 X-rays.