HITESH KISHORECHAND RAITHATHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, petitioners impugn correctness, propriety and legality of charge framed against them in Sessions Case No. 86/2003 pending on file of learned 4th Adhoc Additional Sessions Judge, Jalna. They also challenge order rendered by learned Adhoc Additional Sessions Judge below their application (Exh-66) seeking discharge. By the impugned order dated 29th September, 2006, their application (Exh-66) for the discharge to the extent of offence punishable under section 18 of the Transplantation of Human Organs Act, 1994 and under section 328 read with section 34 of the I.P. Code, came to be dismissed.

(2.) Admittedly, the petitioners are Medical Practitioners. It is not necessary to elaborately set out the allegations made by the complainant (deceased Pandit Kulthe). Suffice it to say that on 21st April, 2000, wife of deceased complainant, namely, Smt. Shantabai was admitted in the hospital of the petitioner Nos. 1 and 4, which is styled as "Jaishree Hospital". She was found pregnant and was advised to visit the hospital at interval of a fortnight. There is no dispute about the fact that she was being medically treated by the petitioner No. 4 Smt. Ila.

(3.) The complainant alleged that till about 1.30 a.m., the petitioners were making frantic efforts, but he was not informed about anything. His wife was operated. He noticed that blood was oozing from her private part when he was allowed to see her in the wee hours. In the early morning, he was asked to collect blood bottles as she needed supply of blood of her blood group. So also, Dr. Mozes was called to see her. On 29th November, 2000, uptill 2 p.m., operation was conducted and he was informed that caesarian was performed. He was informed that Smt. Shantabai delivered a stillborn female child. On 16th December, 2000, Smt. Shantabai was discharged. As per allegations in the complaint, the petitioners prepared certain fabricated documents to show that Smt. Shantabai gave her consent for the operation.