MADHU CHABRA Vs. STATE

JUDGEMENT

(1.) THIS revision has been filed by the applicant Dr. Madhu Bhatia, (Regd. Practitioner possessing a degree of M. B. B. S. with Diploma in Gynaecology and Obstetrics) running her own Nursing Home in Indore city, against the order dated 5-1-2002 passed by VIIth ADJ in Sessions Trial No. 526/2001.

(2.) THE prosecution story as disclosed by the charge-sheet is that the engagement of deceased Babli @ Mamta for marriage was performed with Mukesh. Thereafter, deceased Babli @ Mamta came to the house of her brother-in-law Madanlal and sister Bhuribai at Indore. Accused Mahesh was having visiting terms with the deceased and had sexual intercourse, as a result of which Babli @ Mamta was pregnant. Deceased Mamta was taken to Dr. Rajesh Tripathi for termination of pregnancy by her brother-in-law Madanlal and sister Bhuribai. Dr. Tripathi had given treatment for the termination of pregnancy.

(3.) IT is further alleged by the prosecution that pregnancy was terminated by Dr. Tripathi but placenta could not come out and the condition of the patient started deteriorating. Thereafter, Dr. Rajesh Tripathi has contacted Dr. Patidar and Dr. Harpeet Salooja. Both these doctors have referred the patient Babli @ Mamta for further treatment in Nursing Home of the applicant. In the Nursing Home,, the patient was brought in serious condition. Therefore, she was admitted and after obtaining written consent from her brother Shyam and brother-in- law Madanlal, the applicant given the treatment to the patient and after giving the treatment, when her condition again started deteriorating, the patient was immediately referred to M. Y. Hospital (which is a Government Hospital), Indore. While taking the patient at M. Y. Hospital, patient Babli @ Mamta died in the way. She was taken to the M. Y. Hospital about 12. 30 AM. Thereafter, police came to M. Y. Hospital and started investigation. The offences have been registered against Mukesh, Madanlal and Bhuribai under Sections 376, 314/109 and 201, IPC against the applicants. The charge has been framed only for the offence under Section 201, IPC.