PRAVEEN KUMAR JAIN Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been directed against the order dated 15.12.2007, passed by Additional Sessions Judge, Court No. 5, Jhansi in Sessions Trial No. 19/07, State v. Praveen Kumar, rejecting the discharge application and framing the charge of Section 304 I.P.C. against the revisionist.

(2.) THE facts giving rise to this revision, in brief, are that an F.I.R. was lodged at police station Mawabad, Jhansi by Ramji Pateria (O.P. No. 2) with the allegations that his wife Smt. Rajeshwari was admitted on 14.4.2005 in the Life Line Hospital, Jhansi with the complaint of pain in her abdomen and chest by the revisionist, who was running that hospital and was also a Professor in Maharani Laxmi Bai Medical College Jhansi, and after several tests it was diagnosed that she was having a stone. On 16.4.2005, when the complainant asked for the discharge of his wife, the revisionist prescribed an injection of 'Penidure A-1 LA-12' to the patient. THE patient and the complainant informed the revisionist that the doctors of All India Institute of Medical Sciences (A.I.I.M.S.), New Delhi had prohibited the said injection to her and showed him the prescription slips of A.I.I.M.S. THE revisionist, however, insisted upon giving the said injection to her and accordingly that injection was given to Smt. Rajeshwari, but soon thereafter her body became stiff and she went in coma and ultimately died. On that report, a case under Section 304A, I.P.C. was registered against the revisionist, but after investigation the police submitted the charge-sheet under Section 304, I.P.C. and the Magistrate took cognizance thereon. Against the charge-sheet and the cognizance, the revisionist filed a petition (Criminal Misc. Application No. 11750/2005) under Section 482, Cr. P.C. before the High Court. THE said petition was dismissed on 6.4.2007 by this Court. After the case was committed to the Court of Sessions, the accused moved an application for his discharge under Section 227, Cr. P.C. before the trial Judge. THE learned lower court rejected the discharge application and observed that there were sufficient grounds to frame the charge of Section 304, I.P.C. against the accused. Being aggrieved with that order, the accused has filed this revision.

(3.) THE fact that Penidure LA-12 injection was prescribed by the revisionist and it was given to Smt. Rajeshwari on 16.4.2005, is not disputed to the revisionist and is corroborated by the copy of the case sheet of Smt. Rajeshwari filed by the revisionist.