KATCHERLA VENKATA SUNIL Vs. VANGURI SESHUMAMBA

JUDGEMENT

(1.) State assailed in this Criminal Appeal acquittal of A1-Dr.Vanguri Seshumamba and A2-Dr.S.Jagadeeswari for the offence under Section 304-A r/w.S.34 IPC passed in C.C.No.1 of 1999 on the file of II Additional Judicial Magistrate of First Class, Kakinada.

(2.) A1 is a private medical practitioner and she is running a private nursing home under the name and style of Vasudha Nursing Home at Kakinada. A2 is an Obstetrician and Gynaecologist in Government General Hospital, Kakinada and she was a Professor in Rangaraya Medical College, Kakinada. Dr.Sailaja was a student of P.G. Diploma course in Gynaecology and Obstetrician in Rangaraya Medical College, Kakinada in 1997. She developed a small boil viz., Bartholin Abscess in her vaginal area. She appraised her ailment to A2 and sought for leave for few days for the purpose of undergoing treatment at Visakhapatnam. A2 examined her on 21.5.1997 and diagnosed her ailment as perianal abscess. A2 referred her to the nursing home of A1 and informed her that she would herself conduct surgery. A2 told Dr.Sailaja that the surgery she had to undergo involves simple process. Despite Dr.Sailaja's dis-inclination to undergo surgery at the nursing home of A1, A2 insisted her to undergo surgery in the nursing home of A1. A2 examined Dr.Sailaja and prescribed her certain preliminary tests. On the advice of A2, she got admitted in the nursing home of A1 on the morning of 23.5.1997. Blood test was conducted and hemoglobin was found to be 10.6 gms. Neither blood count was done nor urine test was conducted. When it was brought to the notice of A2, A2 stated to have told her that there would not be any problem even if the said tests were not conducted. Dr.Sailaja was taken into operation theatre in the nursing home of A1 at 8 A.M. on 23.5.1997. A2 conducted surgery without the assistance of Anaesthetist. Surgery was completed around 8.30 A.M. on 23.5.1997 and she was brought out of the operation theatre and was placed in room No.15. At about 9.A.M. Dr.Sailaja developed shivering and her condition started deteriorating. P.W.1, the brother of Dr.Sailaja informed her condition to A1 who did not bestow any attention and whereby she developed high fever and became speechless. At 9.45 A.M. Dr.Sailaja got high temperature and some fluids came out from her mouth, but A1 did not take serious note of her condition and instead she advised P.W.1 to bring some painkillers. By the time P.W.1 brought painkillers, her condition became worse. At about 10.05 a.m. A1 asked P.W.1 to bring paracetamol injection and accordingly he brought the injection by 10.15 a.m. A1 sent for A2 and both of them examined Dr.Sailaja and advised P.W.1 to shift her to Government Hospital, Kakinada. P.W.7-Dr.Shivasankar, Professor and Head of Department of Medicine, examined Dr.Sailaja at 11.10 a.m. and declared her dead. P.W.1 presented a report before the Station House Officer, II Town Police Station, Kakinada on 23.5.1997. Basing on the report, a case in Crime No.62 of 1997 under section 174 Cr.P.C came to be registered. Dr.K.S.N.Prasad, Professor conducted post mortem examination on the dead body of Dr.Sailaja (hereinafter referred to as 'the deceased'). Sri.C.V.S.R.Prasad who is the husband of the deceased submitted a complaint on 7.7.1997 to the Additional Director General of Police, Hyderabad. The section of law came to be altered from Section 174 Cr.P.C to Section 304-A IPC. The CB-CID took up investigation and filed their final report referring the case as a mistake of fact. Thereupon, P.W.1 presented a protest petition before II Additional Judicial Magistrate of First Class, Kakinada.

(3.) The learned Magistrate recorded the sworn statement of the complainant- P.W.1 and took the case on file as C.C.No.1 of 1999 and issued process to the accused. The accused entered appearance and thereupon the learned Magistrate examined them under Section 251 Cr.P.C putting the substance of the accusations levelled against them. The accused pleaded not guilty and claimed to be tried.