P.B.DESAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The original accused no. 1 (Dr. Desai) impugns conviction recorded by the learned Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai on 5.7.2011 and confirmed in criminal appeal no. 432 of 2011 by the learned Additional Sessions Judge for an offence under Section 338 read with Section 109 of IPC, directing to suffer SI till rising of the Court and to pay Rs. 50,000/- as and by way of compensation, in default to suffer SI for Three months. FACTS:

(2.) P. W. 1 Padamchandra Singhi as complainant, initiated prosecution through Azad Maidan Police Station against accused no. 1 and Dr. A. K. Mukherjee. In 1987, the complainant, due to aggravated physical condition of his wife Smt. Leela took her to New York for treatment of cancer and on the basis of the biopsy of the cervix, the Doctors in New York declared her case to be absolutely inoperable. The patient was brought to Bombay, advice of Dr. A. K. Mukherjee was taken as she started bleeding from vagina. Consequently, she was admitted at Bombay Hospital under Doctor Mr. P. B. Desai (Accused no. 1) wherein different kinds of tests including C. T. Scan, blood analysis, Blood Transfusion report, examination of urine, microscopic examination of centrifugalised deposits were carried.

(3.) A bill of Rs. 5,000/- of accused no. 1 was raised by Bombay Hospital, it was sent to Government of Rajasthan and repeated reminders were sent for releasing the payment. The complainant had objected for charging Rs. 5,000/- as Dr. Desai did not operate his wife. After the correspondence, Bombay Hospital sent a duplicate bill deleting Rs. 5,000/-.