STATE OF MAHARASHTRA Vs. NANDA PRASANNAKUMAR JAIN

JUDGEMENT

(1.) State hereby takes exception to judgment and order dtd. 18/8/2005 passed by learned Chief Judicial Magistrate, Jalgaon in Summary Criminal Case No. 343 of 2001, by which, present respondent stood acquitted from charge under Sec. 304-A of IPC. PROSECUTION STORY IN BRIEF IS AS UNDER

(2.) In nutshell, present respondent was indicted for charge of Sec. 304-A of IPC on the premise that, she operated and conducted surgery over deceased Lilabai for hysterectomy i.e. removal of uterus. While operating, a napkin/mop was negligently left out in the abdomen i.e. at the part where surgery was conducted and suturing was already done. This resulted into severe abdominal pain. On re- operation at the hands of PW3 Dr. Patil, the napkin/mop was recovered. However, shortly thereafter, Lilabai died. Thus, on report lodged by son of deceased, crime was registered for above offence. SUBMISSIONS On behalf of the Appellant-State :

(3.) Leaned APP would submit that respondent herein is a medical practitioner. Deceased Lilabai, i.e. wife of PW1 and mother of PW2, was admitted on complainant of bleeding in the hospital of respondent-accused, and on advice and decision of accused, she herself performed operation on 7/7/1993. Learned APP pointed out that, in spite of being treated and operated, deceased Lilabai had no relief and rather had complaint of abdominal pain. That, even after discharge and taken home, as complaint persisted, she was brought back for treatment multiple times. However, there was no recovery.