BHUPAL MALAYYA AGBATTINI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 15.05.2018 delivered by the learned Additional Sessions Judge, Chandrapur in Sessions Case No.03/2017 whereby the learned Additional Sessions Judge has convicted the appellant (hereinafter referred to as 'accused') for the offence punishable under Section 304-II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six years and to pay a fine of Rs.1000/- in default to suffer simple imprisonment for ten days. The accused was further convicted for the offence punishable under Section 33 of the Maharashtra Medical Practitioners Act, 1961 and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2000/- in default to suffer simple imprisonment for twenty days.

(2.) The prosecution case in nutshell can be summarized as under : Deceased Muktabai Nanaji Satpute and Kamlabai Shankar Kolpakwar were resident of village Lakkadkot, Tahsil-Rajura, District-Chandrapur. The accused was Ayurvedic Medical Practitioner, resident of Bomkalli, Tahsil and District-Karimnagar having dispensary at village Lakkadkot, Tahsil-Rajura, District-Chandrapur. The accused used to visit village Lakkadkot frequently. He used to treat the patients for that area. He used to prescribe the medicines and sometime give injections to the villagers without having the qualification degree and the enrolment with the Maharashtra Medical Council.

(3.) I have heard Shri A.C. Jaltare, learned advocate for the appellant and Shri M.J. Khan, learned Additional Public Prosecutor for the respondent-State. With their able assistance, I have gone through the record and proceedings of the case.