BABAN LAHANU GANGURDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Revision Application is filed by the petitioners/original accused, being aggrieved by the order dated 30th June, 1990 passed by the Additional Sessions Judge, Malegaon, framing charges against the petitioners. The learned Additional Sessions Judge, Malegaon framed the charges against the petitioners as follows :

(2.) FEW facts which are required to be stated are as follows :

(3.) ON 26th June, 1991, one Meenabai Balchandra Vani, aged 22 years, was brought to Mauli Nursing Home by her husband Bhalchandra Narayan Vani for performing her abortion. She was two months pregnant at that time. Since the couples first daughter was only nine months old and since Meenabais health was not so satisfactory, the couple did not want second child so early. So, the couple came to Mauli Hospital for getting abortion of Meenabai performed. At that time, accused No. 1 Dr. Baban Lahanu Gangurde had gone out of town. This was told by his wife Kamal Baban Gangurde/accused No. 2. Kamal got the patient admitted in the Hospital. At about 11 O clock in the morning, accused No. 2 gave two injections to Meenabai and after about 15 minutes, accused No. 2 performed abortion (operation) of Meenabai. However, immediately thereafter, Meenabai started getting pains in her stomach. The complainant Bhalchandra accordingly reported this to Accused No. 2, who examined her and gave one more injection. However, there was no improvement in Meenabais condition. She started getting more pain in her stomach. Complainant therefore got scared and went at his residence to bring his mother. By the time he came back to the Hospital along with his mother, the patient Meenabai was put on saline, which continued till 5. 00 p. m. There was no improvement in her condition. At about 6. 30 p. m. , accused No. 1 Dr. Baban Gangurde came to the Hospital, and examined Meenabai. Thereafter, he hurriedly went to his up-stair residence. Thereafter, after some time, some other doctors assembled at the Hospital. Dr. Baban Gangurde/accused No. 1 informed the complainant Bhalchandra to call other relatives of Meenabai and also told that second operation was required to be performed on the patient Meenabai. All the relatives of Meenabai got petrified and started asking as to what necessiated the second operation again. Accused No. 1 thereupon, informed them that because of the first operation, some complications were created in the uterus of Meenabai, and therefore, she was having excessive bleeding, and therefore, the second operation was required to be performed to rectify the mistake. Consent of Bhalchandra was taken, and thereafter, at 10 Oclock in the night, the patient was taken to operation theatre and was brought out after about two hours. About three four other doctors, including both the accused were inside the operation theatre at the time of the operation. In all, eight bottles of blood was given to the patient. Some other medicines were also given, as prescribed by accused No. 1. However, inspite of all these, the condition of Meenabai went on deteriorating and ultimately, after two days, in the few hours of Saturday, the patient again started having unbearable pains. Complainant therefore again requested the Accused No. 1 to examine the patient. Accused No. 1 telephoned some other doctor by name Dr. Sanjay Shah, and they continued to treat the patient, but with no success, and the patient Meenabai expired on 29th June, 1991 at 5. 45 a. m. All the relatives of the patient were very scared. Accused No. 1 told the complainant to take the dead body at his residence and accordingly, on the same day, last rites were performed. Thereafter, complainant thought that the police would take some action against the husband and wife. He was convinced that death of his wife was caused because of the negligence of Dr. Kamal Gangurde/accused No. 2. He came to know after enquiry that she had a bogus degree and she was no qualified to perform abortion, and that, despite this, she performed abortion on Meenabai and because of the complications resulting therefrom, the catastrophe took place.