NIRMALA BAI Vs. STATE OF M P

JUDGEMENT

(1.) BY this revision applicant Smt. Nirmalabai seeks to impugn the judgment dated 12-2-2001 passed by 1st Addl. Sessions Judge, Neemuch, in Cr. Appeal No. 168/98 as also the order dated 16-5-2001 passed by IInd Addl. Sessions Judge, Neemuch in S. T. No. 76/2001.

(2.) BY the judgment dated 12-2-2001 in Appeal No. 168/98, the learned ASJ has set-aside the conviction, and sentence passed against the applicant under Section 304-A of IPC by the Trial Magistrate and remanded the case back to the Magistrate with the direction that it be committed to the Court of Sessions for trial under Sections 314 and 315 of IPC. The order dated 16-5-2001 is passed by the ASJ after committal of the said case by the Magistrate, framing charges under Sections 314 and 315 of IPC against the applicant.

(3.) APPLICANT Smt. Nirmalabai at the relevant time was working as a Nurse at village Sarvania, Dist. Neemuch. One Shantabai (since deceased) who was having two months pregnancy, accompanied by her husband, approached the applicant and requested for abortion. It is said that the applicant administered some medicines to her which led to severe bleeding. She was shifted to a Nursing Home at Neemuch where she died on 27-6-1989. On receiving information from the treating Doctor of the said Nursing Home, the Police Javad registered a crime under Section 304-A of IPC and after investigation filed charge-sheet against the applicant. She was tried by the ACJM, Javad who vide his judgment dated 7-11-1998 convicted her under Section 304-A of IPC and sentenced her to 2 years RI with fine of Rs. 5,000/ -. On appeal (No. 168/98) the learned Ist ASJ, Neemuch, set aside the said conviction and ordered for committing the case for trial by the Sessions Court on the charge under Section 315 of IPC. The Magistrate accordingly vide his order dated 31-3-2001 committed the case to the Court of Sessions and ultimately the learned IInd ASJ, Neemuch has framed charges under Sections 314, 315 and 304-A of IPC against the applicant. All these proceedings are sought to he impugned by the applicant in the present revision.