GHANSHYAMDAS APPLICANT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a reference by the Additional Sessions Judge for quashing the charge Under Section 304-A of the Indian Penal Code against the non-applicant.

(2.) THE non-applicant is a Vaidyaraj holding a degree of A. V. M. S. from the Board of Indian Medicines, Madhya Pradesh. He is privately practising in medicines at Rehli. On 28-8-1971 deceased Babulal Yadav came to his dispensary. After examining the deceased, the non-applicant gave one coramine injection as there was heavy coughing and there was difficulty in breathing. Thereafter the deceased collapsed. The body was sent for post-mortem examination and according to the Doctor the cause of death was due to obstruction of bronchia in both lungs by tenacious sputum which led to suffocation and respiratory failure. It was also noted that the deceased was a patient of bronchial asthma for the last 25 years. It was not mentioned in the report that coramine injection had the effect of accelerating the death. However, the police referred the matter to the Civil Surgeon who gave his opinion that coramine injection is not given to an asthma patient. Therefore, the non-applicant was challaned Under Section 304-A before the trial Magistrate who framed charge under that section. A revision was filed and this reference has been made.

(3.) THE Supreme Court in Suleman Rahiman v. State of Maharashtra has held that the requirements of this section are that the death of any person must have been caused by the accused by doing any rash or negligent act. In other words, there must be proof that the rash or negligent act of accused was the proximate cause of the death. There must be direct nexus between the death of a person and the rash or negligent act of the accused.