SWATI JAIN Vs. STATE OF M P

JUDGEMENT

(1.) This revision under Section 397/401 Cr.P.C. has been filed by the accused assailing the order dated 8.6.2011 passed by learned Fourth Additional Sessions Judge, Katni in S.T. No.77/2009 thereby framing charge against her for the offence punishable under Section 314 of the Indian Penal Code (in short "IPC").

(2.) The facts necessary for the disposal of this revision application lie in a narrow compass. One Smt. Sunita Vishwakarma (hereinafter referred to as "the deceased"), who was a major married woman having the age of 30 years and was the wife of Rajkumar Verma came to Baba Madhav Shah Hospital, Madhav Nagar, Katni (hereinafter referred to as "Baba Madhav Shah hospital") along with her husband on 22.5.2008 for her treatment and she was referred to the petitioner-accused who was giving her services in the said hospital as a gynecologist. The petitioneraccused is having medical degree of Master in Surgery (in short "M.S").

(3.) As per the history, which the accused had noted down and which was also told by the deceased to her is that she had already taken some medication for termination of her pregnancy 15 days earlier before admitting to the said Baba Madhav Shah hospital. The deceased, without any medical advice, left the hospital, which in medical terminology is called as LAMA (leave against medical advice). Thereafter, on 26.5.2008 she was admitted in the government hospital in Katni where she passed away on the same date.