SATYA NARAYAN SONI Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision filed on behalf of the petitioner/accused Satya Narayan Soni is directed against the order dated 11.12.2015 passed by the Court of Sessions Judge, Damoh, in Sessions Trial No.176/2015, whereby a charge under Section 304 (part II) of the IPC was framed against the accused/petitioner.

(2.) The prosecution case may be summarized as hereunder: In the afternoon on 01.04.2014, deceased Radha Bai went to the clinic of accused "Doctor" Satya Narayan Soni at Bandhi Ashram, Hirdepur Road for the treatment of fever. Accused Satya Narayan Soni examined her and administered an injection. After some time, deceased Radha Bai started complaining of giddiness; whereon the accused made her lie on the bench and gave her a tablet. She started complaining of pain in throat and chest. At that time, Radha Rani who was a co-patient in the clinic washed the face of the deceased and wiped it with her saree. The deceased implored Radha Rani to rescue her. Radha Rani returned to inform Sada Rani, mother-in-law of the deceased about the plight of the deceaseed. They all went to the clinic of the accused. The accused asked them to take Radha Bai in an auto-rickshaw to Government Hospital at Damoh. He told them that he would also follow them to the hospital. When Radha Bai was taken to the Government Hospital at Damoh and examined by the duty doctor, he declared her brought dead. Accused Dr. Soni escaped from the spot. As per witnesses, deceased Radha Bai died due to effects of injection administered to her by "Dr." Soni.

(3.) A marg intimation was lodged in P.S. Damoh Dehat. In the post-mortem examination, cause of death of the deceased could not be ascertained. Her viscera and blood was sent for histopathological examination to the State Forensic Science Laboratory Sagar. As per the report of Senior Scientific Officer and Assistant Chemical Examiner of FSL, the viscera and the blood of the deceased was found to contain acetaminophen (Paracetamol). During investigation, a query was made to Dr. Abhay Jain, Medical Officer of the District Hospital, Damoh. In reply to the query, Dr. Jain stated that drug acetaminophen is administered for pain and fever. It can be given in an injectable form. Over dose of acetaminophen may cause liver failure. During investigation, the police seized an Experience-Certificate issued in the year 1992, wherein it was stated that accused Satya Narayan Soni worked as a compounder from 15.05.1992 to 14.11.1992. A copy of an affidavit sworn by accused Satya Narayan Soni was also seized, wherein he had stated that he has lost the original certificate issued by a "Primary Hospital Ayurved University, Agra" . In response to a query, Madhya Pradesh Medical Council, Bhopal informed the police that the name of Satya Narayan Soni is not on the role of Medical Council and he is not eligible to treat a patient in Madhya Pradesh in Allopathic System of Medicine and if he treats any patient in Allopathic System in Madhya Pradesh, his act would be punishable under Section 24 of the Madhya Pradesh Medical Council Act, 1987.