RAM NIWAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 15-11-1979 passed by Sri B. I. S. Sodhi, the then IInd Additional Sessions Judge, Badaun in S.T.No. 462 of 1978 whereby he convicted the accused-appellant Ram Niwas of the offence under S. 304-A, I.P.C. and sentenced him to suffer R.I. for a period of 1 year.

(2.) The prosecution story was that the marriage of the younger brother of the informant Ram Pal Singh was to take place on 28-5-1975 and in that connection his sister Smt. Virwati and her son Viresh aged 5-6 years had come to his house, that on 23-5-1975 evening, Viresh got fever, that HO/JO/A1334/96/RK/CSLthere was no Government doctor or Vaidh in the village, that on 24-5-1975, the informant had gone with the consolidation officer on his tour leaving behind Smt. Virwati and other house holders at the house, that in his absence, the accused-appellant Ram Niwas came to see him and offered to treat him and gave him a injection, though he was not a qualified doctor or Vaidh but used to carry on the profession of doctor, that consequent upon the administering of injection, the deceased, Viresh turned blue and his condition started worsening, that Smt. Virwati sent a message and called Ram Pal Singh and others, that they came and started for Hazaratpur for treatment of the deceased but in the way, he breathed his last near Moazampur, that then the informant Ram Pal Singh went to the police station and dictated his F.I.R. to the clerk constable at 4.30 p.m. on the basis of which a case was registered under S. 304, I.P.C.

(3.) The usual investigation followed and charge-sheet was submitted by the I.D. against the accused-appellant for the offence under S. 304, I.P.C.