R. NAGARAJAN Vs. STATE

JUDGEMENT

(1.) The convictions and sentences dated 09-07-2015 passed in S.C.No.138 of 2014 by the Mahalir Fast Track Court, Erode are being challenged in the present criminal appeal.

(2.) The case of the prosecution is that the accused during the relevant period has served as a Pharmacist in Kattupullampalayam Government Primary Health Centre. Since the accused knows Allopathy medicines has run a Clinic under the name and style of 'Nagaraj Clinic' in Karattupalayam. The accused has used to give treatment to patients. On 15-09-2012, at about 7:00 a.m., the defacto complainant has brought her female child by name Anusree aged one and a quarter years(1 1/4) to the Clinic of the accused. The accused has administered an injection to the said child. The defacto complainant has brought her child to her house and within 15 months, the said child has become unconscious and subsequently, taken to Gobichettipalayam Hospital where it is stated that the said child has already passed away. On 05-10-2012, the defacto complainant has given a complaint and the same has been registered in Crime No.321 of 2012.

(3.) On receipt of the complaint, the Investigating Officer viz., P.W.16 has taken up investigation, examined connected witnesses and also made arrangement for exhumating interred body. After exhumation, the Doctor by name Jayasingh viz., P.W.13 has conducted autopsy. After transfer of P.W.16, his successor-in-office viz., P.W.17 has conducted further investigation and after completing the same, laid a final report on the file of the Judicial Magistrate No.II, Gobichettipalayam and the same has been taken on file in P.R.C.No.9 of 2014.