PATEL RAJU Vs. STATE OF AP

JUDGEMENT

(1.) The petitioner is accused of offence under Section 304-A IPC in C.C. No. 126 of 2005 on the file of Judicial Magistrate of the First Class, Atmakur, Kurnool District. He is working as Anesthesian in the rank of Civil Assistant Surgeon in Government General Hospital, Kurnool. He was one of the Medical Officers who attended camp for family planning button hole operations in Government Hospital, Atmakur on 29.07.2005. It is alleged that as Anesthesian, his duty to give anaesthesia to the patients and that inspite of it, he cut 5 cm on abdomen of the deceased woman with Calpal to a depth of 7.8 cm and that as skin and fat at abdomen of the deceased was of thickness of 3 cm, it resulted in causing damage to small vein resulting in haemorrhage and loss of circulation of blood to heart and that the deceased died.

(2.) It is contended by the petitioner's counsel that even as per statements of V. Rajaratnam, Male Nuring Assistant, Chowtametla Ramanamma, Health Assistant who were at the medical camp, collected by Investigating Officer during investigation, as per division of work at the camp, the accused was making initial incision on abdomen of the patients and Dr. Iliyas Basha was conducting family planning operations through incision made by the accused. It is further contended by the petitioner's counsel that even though the accused is a specialist Anesthesian, he is holding basic M.B.B.S., degree which enables him to perform surgeries and that therefore, it cannot be said that he did any act which he is not expected to do.

(3.) Reliance was placed on Jacob Mathew v. State of Punjab, 2005 SCC(Cri) 1369 wherein the Supreme Court gave guidelines for assessing medical negligence cases. It is contended by the petitioner's counsel that before filing charge sheet against the doctor, the investigating officer should have sought for and obtained opinion of another doctor who is an expert on the subject and that the investigating officer in the present case did not obtain such opinion from any expert touching the subject before filing charge sheet against the doctor/accused.