HANS KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal against judgment dated 2-2-1998 passed by First Additional Sessions Judge, Balaghat in Sessions Trial No. 23/1996 convicting the appellant under Section 304-A, IPC and sentencing him to rigorous imprisonment for two years and fine of Rs. 5,000/- and in default simple imprisonment for six months.

(2.) IN brief, the prosecution story is that on 13-6-1995 Sanjay Kumar a child of about 1 month was suffering from fever, Munna the father of Sanjay, called the appellant, who is a doctor practicing in the village. It is said that the appellant, administered an injection as a result of which Sanjay Kumar died 1-1 1/2 hours later. Complainant Munna, lodged a report at the Police Station, thereupon Merg No. 11/95 was registered. The dead body of the child Sanjay Kumar was sent for post-mortem examination. The post-mortem examination was performed by Dr. N. K. Choudhary (P. W. 3 ). According to Dr. N. K. Choudhary, the child had died due to asphyxia as a result of anaphylactic bronchospasm or poisoning. He preserved viscera and tissues of skin of punctured area which was referred for chemical analysis. After further requisite investigation, charge-sheet was filed under Section 304, IPC before the Court.

(3.) LEARNED Trial Court framed the charges under Section 304 Part I and Section 304-A, IPC. The accused abjured the guilt and pleaded false implication.