MRUDLA SURESH DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is a qualified medical practitioner, who is facing prosecution before the Sessions Judge, Pune, for offences under section 304 of the I. P. C. She filed an application before the Sessions Judge, Pune on 5-12-1994 for her discharge from offence under section 304 Part (I) or Part (II) of the I. P. C. and prayed that the case be sent to the J. M. F. C. , Pune, for trial under section 304-A of the I. P. C. This application of the petitioner-accused was rejected by the Additional Sessions Judge and hence, this Revision.

(2.) COUNSEL for the petitioner produced the copy of the entire charge-sheet that was filed against the petitioner. Charge-sheet shows that one patient by name Gulab Bansidhar Panda of Pune was admitted in the hospital for removing stones-gall bladder disease. However, before performing the operation the present accused-petitioner administered anaesthesia to the patient and it appears from the charge-sheet that excess anaesthesia was administered to the patient and therefore surgery was required to be performed wherein the patient died.

(3.) IT is in this background that the case was registered against the present petitioner and she was prosecuted.