LAWS(MPH)-2005-12-37

STATE OF M P Vs. HABIB MUSTAFA

Decided On December 07, 2005
STATE OF MADHYA PRADESH Appellant
V/S
HABIB MUSTAFA Respondents

JUDGEMENT

(1.) This appeal under Section 378 of the Cr.P.C. has been preferred by the State of M.P. against the judgment and acquittal recorded by Judicial Magistrate (JMFC) 1st Class, Raisen in criminal Case No. 160/83.

(2.) The non-appellant Habib Mustafa was charged under Section 304 A of the I.P.C. for causing death of Bhagwandas by rash and negligent act by injecting injection, though he was not a qualified doctor. The learned trial court after appreciating the evidence available on record has found that the charge was not proved against the non-appellant/accused.

(3.) According to the prosecution the deceased was drenched in rain and caught fever and therefore, he contacted the accused who injected an injection and it reacted: thereafter the accused took him to Hamidia Hospital on the very day that is 22.7.83, where he took his last breath, within one hour from the time he was admitted in the hospital. The complainant could not get the postmortem report and death certificate. Thereafter he made a complaint to Collector on 16.9.83 and case was registered by Police Station Salamatpur, District Raisen. The post-mortem report (Exhibit 1) reveals that death was due to cardio respiratory failure as a result of gas gangenne appears to be the result of complication of injection pride. Site of injection and viscera was preserved. The prosecution examined six witnesses to prove the case.