VIJAY Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) These two Criminal Applications filed u/s. 482 of the Code of Criminal Procedure can be decided by this common Judgment, since both arises out of the Judgment and order passed by the learned 4th Additional Sessions Judge, Aurangabad dated 27/07/2003 in Criminal Revision No. 15/2003, whereby the learned revisional Court dismissed the Revision filed by them and confirmed the order of issuance of process against them for the offence punishable u/s. 304-A of the Indian Penal Code by the learned Judicial Magistrate First Class, 16th Court in R.C.C. No. 1285/2002 dated 27/12/2002. The brief facts leading to the present proceedings u/s. 482 of the Code of Criminal Procedure can be narrated as under:

(2.) For the sake of convenience, the parties will be referred to as per their original position in the Complaint.

(3.) Undisputedly, accused No. 1 possesses qualification of B.H.M.S. and is registered under the Bombay Homeopathic Medical Council Act, 1954 [hereinafter referred to as the 'Act' for the sake of brevity], whereas accused No. 5 is duly qualified Doctor. The Complaint proceeds that the complainant was required to admit his son Vijay on 09/03/2001 for giving allopathic treatment in M.G.M. Medical College and hospital at Aurangabad. According to the Complaint, accused No. 1 though a Homeopath, prescribed allopathic medicines and administered various injections intravenous to Vijay. It is further alleged in the Complaint that in spite of administering heavy doses of injection, such as voveron, ciprofloxacilline and others, the condition of his son Vijay was deteriorating and, therefore, when the complainant enquired about the prognosis of his son, accused No. 1 abused him and forcefully discharged his son Vijay. That time, his son went in 'coma'. The Complaint further proceeds that thereafter he was required to take his son to the Govt. Medical College, Aurangabad where he was told that the condition of his son is critical and his both kidneys are failed. The Complaint further states that the Doctors of Govt. Medical College, Aurangabad remarked as to how at such critical stage, the patient was discharged. Vijay, who was admitted in the Govt. Medical College, Aurangabad in unconscious stage, ultimately died on 18/03/2001.