STATE OF MAHARASHTRA Vs. MAHESH AVINASH JOSHI

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 22nd February, 2005 passed by the Chief Judicial Magistrate, Kolhapur acquitting the three respondents who are Medical Practitioners (hereinafter referred as accused) of offence punishable under Section 304-A (Causing death by negligence) r/w Section 34 of the Indian Penal Code.

(2.) A 14 year old girl Aparna Balasaheb Killedar was admitted in the clinic belonging to Accused No.1 on 30/04/2001 to get tonsillectomy performed on her. The operation was performed on 01/05/2001. It is prosecution's case that due to gross negligence on the part of the doctors who were involved in the surgery, profuse bleeding was caused and Aparna died. Accused No.1 was assisting the main surgeon Accused No.2 and Accused No.3 was anaesthesiologist. The complaint was lodged and offence came to be registered. Three doctors accused were arrested and released on bail. Charges were framed and accused pleaded not guilty and claimed to be tried.

(3.) To drive home the charge, prosecution led evidence of 9 witnesses namely Balasaheb Shankar Killedar, Complainant - Father of deceased as P.W. 1 ; Shobha Balaso Killedar, Mother of deceased as P.W.2 ; Jayashree Shrikant Kadam, Panch/Relative of deceased as P.W. 3 ; Anil Shripati Patil, Relative of deceased as P.W. 4, Dr. Sambhaji Kallappa Parit Jadhav, Doctor who referred victim to accused as P.W. 5, Dr. Manisha Prashant Patil, Medical Officer, C.P.R. Hospital who conducted postmortem of deceased as P.W. 6, Hemchandra Annasaheb Kshirsagar, Investigating Officer as P.W. 7, Dr.Jayant Shamrao Patil, Medical Officer of C.P.R. Hospital as P.W. 8 and Saheblal Bandu Bandar, Police Officer who conducted Inquest Panchanama as P.W. 9.