SANJAY MUTHA Vs. JAYSREE DESAI

JUDGEMENT

(1.) Criminal Revision Case No. 1168 of 2005 is a taken up Revision on the representation of the complainant in C.C.No. 1 of 2001 on the file of the XVII Metropolitan Magistrate, Hyderabad. Transfer Criminal Appeal No. 1 of 2005 has been preferred by the accused in the above C.C.No. 1 of 2001 againsttheirconviction and sentence. Criminal Appeal No. 1539 of 2005 has been filed by the Public Prosecutor against the sufficiency of sentence in that case. All these matters are being disposed of together by this common judgment.

(2.) This is a case of an unfortunate young lady who was mother of a child and wanted to have a second child and while undergoing investigations at the hands of the accused persons, ended up in a state of health which can only be described as vegetative. The complainant-her husband, a chartered accountant, filed a complaint against the accused persons underSection200ofCr.P.C., submitting that he had married Rupa Mutha on 1/-1-1987. She is also a Chartered Accountant. She had a brilliant academic record, she was a swimmer and was only 35 years old on the date of the occurrence. After marriage, a daughter was born to the couple on 29th of March, 1988. Both the husband and wife were practicing in Hyderabad as Chartered Accountants. After a gap of many years from the date of birth of their first child, the couple decided to have another child and they consulted A-1, who advised the complainant's wife to undergo a Fallopian Tube test. The complainant maintained that Mrs. Rupa Mutha was reluctant to undergo the test, but A-1 reassured the complainant and his wife that the test was simple and it would take few minutes and there was no risk involved. On such assurances by A-1, Smt. Rupa Mutha agreed to undergo the test. She was advised by A-1 to come to her clinicon 19-/-1999inthe morning. She went to the hospital by 7.30a.m. on 19-7-1999. It was expected that she will return to her home within an hour. As she did not return back even by 8.40 a.m., her husband-the complainant, went to the hospital to pick her up. When the complainant reached the hospital, he was informed that Smt. Rupa Mutha had been taken inside the room and would be back soon. He waited for some time. He was not given any information, but he noticed that a Nurse was running here and there and the Nurse went into the theatre with apulseoxymeter. Thereafter, A-1 cameout of the theatre. She tried to contact Medi Citi hospital and informed the complainant that Smt. Rupa Mutha was getting a Cardiac arrest. A-1 was not able to get a Doctor even though an hour had elapsed. The complainant himself tried to get in touch with some doctors and ultimately he was able to get in touch with Dr. Sridhar and Dr. Raghu. These doctors were known to the complainant and at his request, both the doctors came to the hospital and examined Smt. Rupa Mutha. She was then shifted to Care hospital, Mozamjahi Market, Hyderabad at about 11.30 a.m. in an ambulance. Che was accompanied by A-1 and A-2 and during thetransit from the hospital of A-1 to Care hospital, continuous supply of oxygen was ensured. She was admitted in Care hospital and according to the discharge summary given by Care hospital, Smt. Rupa Mutha was brought to the hospital in a Comatose condition. She remained in intensive care until 30th of July 1999. Thereafter, shewas shifted to a room in the Care hospital and she remained in the hospital till 16th of August 1999. Thereafter, the complainant shifted her to Chennai for further care, buttill the complaint was filed, there was no improvement in the condition of Smt. Rupa Mutha and she was living as a vegetable.

(3.) The complainant, in his complaint, further maintained that Smt. Rupa Mutha was hale and healthy before going to the hospital of A-1 for the purpose of undergoing Fallopian Tube Test, but thereafter, she never regained her consciousness. The condition in which Smt. Rupa Mutha landed was on account of brain damage, which in turn, was on account of Hypoxia of brain and the inadequate supply of oxygen to brain was caused to Smt. Rupa Mutha by A-1 and A-2whileshe was undergoing the Fallopian Tube test in the hospital of A-1. A-1 performed the test while A-2 was the Anaesthetist during the procedure.