STATE OF MAHARASHTRA Vs. JAWAHARLAL MOTILAL DOSHI

JUDGEMENT

(1.) THE State of Maharashtra aggrieved by the order dated 12-12-1986 passed by the Judicial Magistrate First Class, Barshi, in Regular Case No. 580/1984 acquitting the respondent under Section 304a of the Indian Penal Code, has come up in appeal before this Court.

(2.) THE prosecution story in brief is that the deceased Prabhavati Malvatkar was named to P. W. 7 Vishnu Gundanath Malvatkar. In the year 1983 she went to her parental house in Barshi for her delivery. At Barshi her brother Ramakant Sulakhe used to reside. On 13-11-1983 she complained of labour pains with the result that her brother P. W. 6 Ramakant Venkatrao Sulakhe and her mother took her to the Nursing Home of the respondent. On the same day the respondent performed scissoring operation upon her: She was discharged from the hospital of the respondent on 23-11-1983. After about two or three days of her discharge she was taken by her husband P. W. 7 Vishnu Gundanath Malvatkar to Latur. The prosecution case is that her husband lives in Latur. On 19-5-1984 she again had pains in her abdomen and was taken to the clinic of Dr. Gopal Vithalrao Patil (P. W. 1 ). However, the pain did not subside and in the evening her husband again took her to Dr. Patils clinic. Dr. Patil advised her husband to show her to surgical expert. Then P. W. 7 Vishnu Gundanath Malvatkar took her to Dr. Mantrits clinic. From Dr. Mantris clinic she was transferred to Civil Hospital Latur where her X-ray was taken by Dr. Jatal (P. W. 4 ). After obtaining the X-ray from Dr. Jatal Dr. Khotkar told Vishnu Gundanath Malvatkar that there was a scissor in the stomach of his wife and consequently she should be taken to Medical College at Ambejogai. Consequently, P. W. 7 shifted her to Medical College at Ambejogai. She was admitted in the aforesaid Medical College on 22-5-1984 and there she was first examined by Casualty Medical Officer at 3. 50 a. m. At 6 a. m. on 22/5/ 1984 Dr. Jaivant Shankarrao Deshmukh (P. W. 2) Head of the Department of Surgery at Medical College, Ambejogai, medically examined her. On inquiring about her history she was told by her that about 6 months ago she was operated at Barshi as a scissoring case. Dr. Deshmukh felt there was a necessity to take X-ray and consequently he took X-ray and on perusing the X-ray report, he found that there was forced in her pelvic. That X-ray report was filed in the trial court as Exhibit -17. After noticing that there was a artery forced Dr. Deshmukh thought that she needed emergency surgery and consequently he operated upon her and in the operation he found artery forced. It is alleged that the same day on which the operation was performed she met her death at Ambejogai Medical College, at 10 p. m. Dr. Deshmukh preserved the artery forced and he filed the same in the trial court the same is Exhibit-18. In the opinion of Dr. Deshmukh, the deceased died due to intestinal gangrine, secondary to hemiation caused due to eye of artery forced.

(3.) THE postmortem examination of the dead body of the deceased was conducted on 23/5/1984 by Dr. Anil Digamberrao Jinturkar (P. W. 5 ). On the person of the deceased Dr. Jinturkar found the following anti-mortem injuries: