STATE OF MAHARASHTRA Vs. BABAN LAHANU GANGURDE

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the Appellant-State against the judgment and order dated 22nd November, 2000 passed by the learned Additional Sessions Judge, Malegaon, Nasik, in Sessions Case No. 74 of 1992 whereby the respondents/accused have been acquitted of the charges under Sections 304, 304-A, 201, 176, 314, 197 r/w 34 of the Indian Penal Court (for short "IPC") and under Section 33(2) of Maharashtra Medical Practitioners Act, 1961 ( for short "the Act" ).

(2.) The prosecution case in brief is that on 26/06/1991 the informant took his wife, namely, Meenabai Bhalchandra Wani to Maulee Hospital for abortion. The informant, however, came to know that Dr. B.L. Gangurde (A-1) was out of city but his wife Dr. Kamal Baban Gangurde (A-2) was present who got admitted informant's wife. According to prosecution, A-2 performed the operation, however, after the operation was over the wife of informant started feeling severe pain in the abdomen. Necessary treatment was given to the wife of informant. At about 6-30 pm A-1 came and examined informant's wife. A-1 then summoned Dr. Tushar Shewale, Dr. Sanjay Shah, Dr. More and Dr. Anjum (A-3). After discussion, A-1 informed the informant that another operation will have to be performed and obtained his signature on a paper.

(3.) The prosecution alleges that A-1 after performing the operation the condition of informant's wife deteriorated and unfortunately on 29/06/1991 at about 5.45 am informant's wife died.