(1.) THIS criminal revision is directed against the judgment of 1st Additional Sessions Judge, Ujjain in Criminal Appeal No. 107/1999 dated 26-6- 2000 confirming the conviction and sentence passed by JMFC, Ujjain in Cr.C. No. 645/1997 on 6-8-1999 convicting the applicant for the offence punishable under Section 304-A of the Indian Penal Code and sentencing her with R.I. for 2 years and fine of Rs. 1000/-.
(2.) SHORT facts of the case are that on 8-9-1990 police station Jivajiganj, Ujjain had received information form the control room that the condition of some babies who had been vaccinated on 7-9-1990 at Government Dispensary Piplinaka had became critical and crowd of people had gathered in that dispensary. On receiving such information Inspector D.K. Vyas reached at spot and on inquiry found that as a result of reaction of vaccine five babies named Mahesh, Sunil, Pankaj, Pukhraj, Javed, Ranjana died and other seven babies had been admitted in the District Hospital, Ujjain for treatment, so he registered FIR and conducted investigation against the applicants and other co-accused persons. After investigation charge-sheet was filed before the learned Judicial Magistrate who after completing the trial passed judgment of conviction against the applicant and two other persons and sentenced them with rigorous imprisonment for two years and fine of Rs. 1,000/-. Applicant and other co-accused persons filed separately appears before learned 1st Additional Sessions Judge, Ujjain who by judgment dated 26-2-2000 while allowing the appeals of Dr. Shishir Kumar Sitoke and Mansuklal acquitted them but the appeal preferred by present applicant was disallowed by him and the conviction and sentence passed against applicant by the learned Magistrate was confirmed.
(3.) LEARNED counsel for the applicant Sr. Advocate Shri A.M. Mathur assisted by Shri Brijesh Pandiya submitted that this was a case of medical negligence and in such a case prosecution was required to prove beyond all reasonable doubts that the applicant caused death of some human being and the death was the direct result of rash and negligent act of the application. He has further submitted that it was further required to be proved that the act of the applicant must be the proximate cause of death without intervention of others' negligence. He has very strongly placed reliance on the pronouncement of the Hon'ble Supreme Court in the case of Jacob Mathew v. State of Punjab, 2005(3) RCR(Crl.) 836 : 2005(2) Apex Criminal 649 : AIR 2005 SC 3180.